Using clips of other films in my film...

dr stilly · Dec 17, 2012

I have an idea to have a character watching 'White Heat' on his sitting room TV with James Cagney delivering the famous line "Top of the world, ma!". Do I need clearance for this and if so how can I go about getting it? My character Ad libbed the line later in the movie; is this also allowed as it is an obvious reference. Thanks for your help.

MileCreations · Dec 17, 2012

There's a similar thread currently going. Most seem to agree that is a grey area and if you are at all thinking of distribution then either contact the creators of the movie directly and/or contact an entertainment attorney.
If its just for YouTube or similar then I don't think anybody is going to mind....

http://www.indietalk.com/showthread.php?t=44988

Sweetie · Dec 17, 2012

Yes you need clearance with Warner Brothers for this.

You can try to go direct with Warner Bros or the smarter (and possibly cheaper) route is to find yourself a Clearing House who specialize in getting clearances for films.

2001 Productions · Dec 17, 2012

Does it have to be that movie? There are many, many old films that have crossed into the public domain. Using a clip from one of them requires no clearances or licenses whatsoever.

dr stilly · Dec 17, 2012

Hey thanks for the responses. @MileCreations thanks for that link was helpful reading. @Sweety, thanks for that I'm looking for the correct WB email address now. @2001Productions, thanks for that, great idea, had a look and some good stuff out there, however white heat has story relevance to a character so I guess it does have to be that. But I'll search public domain for other stuff too.

Any more opinions welcome. Thanks.

Sweetie · Dec 17, 2012

@Sweety, thanks for that I'm looking for the correct WB email address now.

Call their office, ask who is the best department/person to talk to about a clearance for that movie. Find out their preferred method of contact for this (probably fax or written letter since it's most probably a part of their legal department) and contact them that way.

Cracker Funk · Dec 18, 2012

What the hell is "White Heat"? That's what most of your audience would say, if they were informed of the fact that your movie makes reference to it.

Your question has already been answered -- yes, you need official clearance to use any audio or video from a movie that isn't in the public domain. You don't need any clearance to use a single line, however, so your character can still say what you want them to say.

The thing is, nobody is going to get it. Do you have any idea how few people have seen the movie you're referencing?

I'm not discouraging you from referencing it, not at all. In fact, my first feature film has a new movie reference just about every five minutes. Some of them are super obvious to anyone, while some of them go unnoticed by even seasoned movie geeks. And that's exactly how I want it! So go ahead and put your White Heat reference in there, but don't expect many people to get it (even if you have clearance to show a clip from the film).

dr stilly · Dec 18, 2012

Cracker Funk said:
What the hell is "White Heat"? That's what most of your audience would say, if they were informed of the fact that your movie makes reference to it.

Your question has already been answered -- yes, you need official clearance to use any audio or video from a movie that isn't in the public domain. You don't need any clearance to use a single line, however, so your character can still say what you want them to say.

The thing is, nobody is going to get it. Do you have any idea how few people have seen the movie you're referencing?

I'm not discouraging you from referencing it, not at all. In fact, my first feature film has a new movie reference just about every five minutes. Some of them are super obvious to anyone, while some of them go unnoticed by even seasoned movie geeks. And that's exactly how I want it! So go ahead and put your White Heat reference in there, but don't expect many people to get it (even if you have clearance to show a clip from the film).

Hey man, my target audience is 50-80 year old's though. You don't think they'd get it?

The reference isn't the films title, it's the famous line 'Top of the world, ma!' And if an audience member doesn't get that reference then they probably will hate my movie anyway.

Thanks for the info guys. Gonna see what I can conjure.

mlesemann · Dec 18, 2012

my target audience is 50-80 year old's though. You don't think they'd get it?

No! White Heat was made in 1949. Maybe the 70+ range will get it....
(I'm 52 fyi)

Fiveacre Films · Jan 23, 2013

mlesemann said:
No! White Heat was made in 1949. Maybe the 70+ range will get it....
(I'm 52 fyi)

I'm 47 and I would get it. I'm not only familiar with the movie White Heat, I can think of two other movies right now that also include clips from that film and reference the same line.

Here's an idea . . . why don't you create your own version of the clip yourself using an actor and a process screen and have him utter the same lines. You can comp in the tanks/fire/explosion, and process the clip to look like an old B&W video transfer of the film. If anyone says it's too close . . hey, it's a parody. That way you'll get the point across without having to beg (and pay) Warner Brothers for permission to use their clip.