A question regarding copyright and documentaries

C

cacb395

Got a question more out of curiosity than anything else, though it might be helpful for the future if I ever decide to make something like this, but when using footage shot by others for a documentary how does the copyright works? I mean, if I am doing a documentary on filmmaking, if I use footage of other movies would that be breaking the copyright law? Also I didn't know exactly where to put this question so I put it up here with the legal stuff, maybe I am wrong maybe I'm not :P
 
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cacb395 said:
Got a question more out of curiosity than anything else, though it might be helpful for the future if I ever decide to make something like this, but when using footage shot by others for a documentary how does the copyright works? I mean, if I am doing a documentary on filmmaking, if I use footage of other movies would that be breaking the copyright law? Also I didn't know exactly where to put this question so I put it up here with the legal stuff, maybe I am wrong maybe I'm not :P
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Where will it be shown? Will profit be made from it?
 
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cacb395 said:
Not really, I'm asking out of curiosity only and I don't think I'll be doing one any time soon, but I might in the future and wanted to get out of my doubt
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If you are uploading to Youtube, you are allowed to show 30 second clips of films as long as you credit them and you are reviewing, critiquing, or discussing the film's content.

If you are going to send the film to festivals and in the future possibly sell the film, I'd look in to see if they are in the Public Domain or not.

http://www.google.com/#fp=846de0565392f7d2&q=films+in+the+public+domain
 
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If you plan to do anything beyond something for friends and family, contact a copyright lawyer. Even if it is fair use, you may still end up with your movie being taken down or facing a lawsuit.

If you are going to use footage like that, first get a script clearance report or have a lawyer look it over. Some rights holders will sue no matter what, so it best to speak with a layer to see if your project is going to cross the wrong people.

Next get errors & omissions insurance. This way even if you are sued, you will be covered.

Now all that said, if you are a no-name making a small time film that maybe gets 50-100 views on youtube then you probably don't have anything to worry about so long as what you are doing consitutes fair use.
 
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jmoschner said:
If you plan to do anything beyond something for friends and family, contact a copyright lawyer. Even if it is fair use, you may still end up with your movie being taken down or facing a lawsuit.

If you are going to use footage like that, first get a script clearance report or have a lawyer look it over. Some rights holders will sue no matter what, so it best to speak with a layer to see if your project is going to cross the wrong people.

Next get errors & omissions insurance. This way even if you are sued, you will be covered.

Now all that said, if you are a no-name making a small time film that maybe gets 50-100 views on youtube then you probably don't have anything to worry about so long as what you are doing consitutes fair use.
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What about the show Film State?

They are a very popular channel and have a youtube partnership.

http://www.youtube.com/user/FilmState

They are allowed to show the first 30 seconds of trailers because they are reviewing and discussing the content.

All explained in this video Youtube put up:

https://www.youtube.com/watch?v=Cp1Jn4Q0j6E
 
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As a review show they are within fair use, and most studios like it when people are talking about and promoting movie trailers. Most likely they consulted an attorney at some point.

It could also be they are simply lucky that none of the studios have chosen to send out erroneous DMCA notices. While what they are doing is within copyright, it is always best to consult a copyright lawyer if you have any doubts about if your project is going to violate any laws.

There are also lots of people who do projects that violate copyright and get away with it. There are people who follow the law and are within their rights and still get sued.
 
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jmoschner said:
As a review show they are within fair use, and most studios like it when people are talking about and promoting movie trailers. Most likely they consulted an attorney at some point.
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Yes, but many times the people of Film State discourage people from seeing films and give trailers bad reviews.

It could also be they are simply lucky that none of the studios have chosen to send out erroneous DMCA notices. While what they are doing is within copyright, it is always best to consult a copyright lawyer if you have any doubts about if your project is going to violate any laws.
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Depending upon how big the release of the film is, and if the director makes money from the film.

There are also lots of people who do projects that violate copyright and get away with it. There are people who follow the law and are within their rights and still get sued.
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True.
 
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