Documentary Related Question.

R

RoverJones

Hello

I ran across this site a few days ago, and I think it's really gonna' become a good place to turn to when in need.

Sorry to start a new thread, I searched lightly for the answer to my question.

I'm getting ready to start to film a documentary. The main question it asks you is, "Is rock-n-roll really dead"

I got the interviews, I got the structure of my story, I got it all worked out.

The only thing that is getting me is, I planned on using a lot of clips from various artists.

Old 50's tv clips of Chuck Berry, different concert footage and what not.

Now I'm sure that this is not legal, but what if I plan on making NO profit at all?

Showing it for free, ya know?

As long as I make no money off it, would I be allowed to use these elements in my story?


Thank you for your time

-Dr. Kenneth Noisewater
 
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It doesn't matter if you aren't making a profit from using other peoples works. It is still protected works. However the "Free Use" act does allow for copyrighted materials to be used for research, educational and news reporting. Check the laws to see if your situation applies. If you make a production using copyrighted material and have a public viewing, or reproduce and distribute the production, it is illegal. There is material that is in the public domain, depending on when it was produced. Most copyrights are in effect for 75 years. Some material was only protected for 50 years before the newer laws went into effect. The bottom line is if you didn't produce the material and you aren't sure if it is in the public domain.. get written permission from the copyright holders. Better safe than sorry...
 
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The copyright (right to copy) isn't contingent on the intent of the copier.
It's the right of the owner to have control over their material. Profit isn't
an issue - it's the right to copy.

As Alter Ego mentioned, there is some, very limited, fair use room. But
"fair use" can be very tricky. Even if you won't make a profit, just showing
your work publicly is a violation of the right to copy.

Someone will call me on this so I'll also mention that even if you never
show it to anyone, technically and legally, you violate the copyright if you
use someone else's work. But you get my broader point. You cannot
use clips of performances without getting the rights.

A good copyright lawyer is the only one who can really help you when
it come to "fair use". I agree with Alter Ego - Better safe than sorry...
 
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They've said it, but another way is to use Creative Commons, royalty free clips.

You can find a ton of them at:

http://www.archive.org/details/movies

Maybe not exactly what you're looking for, but not having the copyright issue is better than worrying about it. But you might be able to pay CBS for usage of something like the Ed Sullivan show. I don't know what they'd charge, and it really depends on your budget.

Good luck.

Chris
 
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Creative commons doesn't automatically mean its copyright free and fair game for distribution and commercial use. There are different levels of licenses and allowed uses. Just check the license type before using anything.
 
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