Copyright infringement Question?

J

johnnyReb

I am working on a project and it is a Documentary style , but becasue I have not done this type before I have been trying to figure out the answers to my questions.

I will be filming in public places with large crowds, If this goes to DVD and sold does this mean i have to have a release form signed from eveyone in the shot? how does that work. Example if your shooting at a race track and all the people and cars are in view.

I understand ininfringement rights , such as you can't have a can of pepsi in the shot with the label showing.

But does the laws change on a reality type video?

any leads? Any help?
 
Well shooting at a race track seems like it's not public to me... Sounds like you have to pay to get in right? That would mean that it is privately owned.. I think you need permission man.. I'm no expert but you better CYA... but the thing is.. Docs are different than an actual movie, sort of.
I guess if you were doing a doc on people going to the races and degrading them and that sort of thing, they could sue you... If there's nothing bad about it, then they may not. BUT if you make a movie and it becomes public and my friend is there with his girlfriend and his wife happens to see the Doc.. you bet your ass you're getting sued.. He would never have given you permission to video tape him and make it public. (that's a hypothetical situation)

I don't think you mean Copyright infringement. People don't copyright themselves. This is not a copyright thing you're talking about, it is personal and private rights.

I can't find anything in the copyright pages about this.

Anyone know some facts please?

check out SonnyBoos's site (http://sonnyboo.com) there a few things there about rights and releases. A good story about this very thing you're talking about.
 
opps I forgot to leave out an important part About the copyright questionI was meaning all the banners and logos on the side of the track for advertisment and all the logos stung up and down the cars etc.... when at a track it's like nothing but Advertisments all over the place.

I understand that people don't really copyright them selves but for the people in the crowd and in the pits etc... how on earth would i get everyone to sign a release, becasue it's a Documentary and nothing is really rehearsed , i wouldn't know who's who,
Example ( it you turn on ESPN and watch any race , you are gonna see a whole lot of people that are just at the show for the show. ) now if i went to the track and got filmed and didn't know it and then saw myself on TV or Tape etc.... would that give me the right to sue???
I would have permission to film on location from the track owners , does that mean that
this is only a guess and correct if I'm wrong but does the Meda pass you get at an event get you around these laws?
 
That's a good question... same with a baseball game or anyother sport event...

Anyone know the answer.. I would like to know too...

Maybe if you interview someone you'd need one but the stock footage wouldn't need it... Don't know though.

Come on guys, anyone know?
 
I was reading on that link you posted www.sonnyboo.com in the fourm and I saw somepost a good reply to sorta whadt I was asking. About getting release fourms etc..
THey gave there idea on it but was not 100% sure about everything such as a building being in the shot , would you need permission from the owner in order to use a footage of a home or building etc.......
What he siad Bottom line Drop the money down and hire a Entertainment Lawyer, and Ask away..... to make sure 100%

Then it hit me at a Networking party a while back I had a nice long chat with a very nice lady that just happen to be a Entertainment Laywer, and I dug through my contacts on my PDa and , BAm FOUND IT ....I'm gonna give her a buz this week and see about her rates etc. Find out. I know I'm gonna need a laywer later on but I rather save my dough untill later. SO IT STILL STANDS ANYONE OUT THERE KNOW WHAT IS ANSWER TO THE GREY AREA ON HAVING FOOTAGE AT SPORTING EVENTS , SUCH AS CAR RACES , BASEBALL ETC...?
For both Logos and People ?
I also will contact a Race track and ask if getting a MEDA pass during the event allows footage of the logos, people and such to be put on tape and sold and or broadcast...
I'm guessing it does, but I rather not Just guess, Because If I ever get served a lawsuit , I would like to have more then , " I thought it was OK, cause ESPN does the same"

HAAHAH
 
From my understanding, when a person volunteers themselves outside in public (they decide to walk down the street, etc) , they can be filmed, etc.

Good example is celebrities. They don't sign waivers for all the paparazzi ppl always snapping their photos. Of course, it has the be used in good taste. When it's not, you fall into the " slander " thing and can be sued.

When people are out in public, you don't have any private rights as far as your picture taken, etc. Now, on private property, or places in which it's stated that photography, etc is forbidden then they have some kind of rights as far as their image being taken.
 
I can understand that about celebrities and the paparazzi and this is kinda a grey area becasuse , I know that there is a line you can't cross , becasue I remember a while back someone had TV sets for sale and in the ad there was a picture of a person on the tube and they got sued for using them in the ad. There must be some kinda rules even the paparazzi , can and can't do. and how they use the photos and or video.

Think about shows you have seen and with no slander involved people have been blured out that are just in the background.

Also in the Past on public street I was with my friend who pulled out the video camera when he saw a hot Rod drive up while he was shooting it a cop came up to us and said put it away , because the people in the background didn't give me the right to have them in the video, Maybe he was just having a bad day and we were in the wrong place at the wrong time. and he felt like throwing around his force.

On the race track they do allow video tapping and cameras , but does that mean that all the company names and logos posted all over is allowed to be in the background.
Tommorow I 'm gonna talk to a few people that handle meda people in events. I will also ask the entertainment lawyer that I have met in the past.
 
Another thing to keep in mind is if any music was playing in the background because this is also covered by copyright, i am not sure if the same laws are applied in both Australia and the rest of the world, but according to APRA ( australian Performing rights association) if any music is heard and recognised in the film you can be sured for breach of copyright.... for example : you are filming a street scene somewhere and some idiot decides to drive past with his doof doof turned up full and you catch that on your audio track... the artist who made the doof doof track is able to sue you for copyright infringement.

Funnily enough this is also the case with shop keepers... they have to get a licence to have a radio playing in their store....


but then again the laws might be different in other places...
 
Walter: Good point. Though the laws may differ slightly from place to place, we're pretty much stuck with the same deal in the US.
 
In public filming of a documentary you dont need permision form the people as its Public, but if you make a comment or say something bad and you show the people they can sue you. example the news did a story on pedophilia and showed a guy riding on a motorcycle with a young kid around 5 yr's old. the reporter said some guys take kids very young and showed the guy on motorcycle driving by, so it was implyed thats why the guy was doing. the guy had his 5 y/o daughter on the cycle going home, he did not even know he was filmed till his mother saw it on Tv and called him. He sued and got money.

if you film building's you need permmision, if you include signes such as a billboard of KFC you could be sued for not using there logo but if its on a public street and you shoot the street. more than likely their not going to sue you. best bet is get a release form for any name brands or logo's.

It also depends on what kind of Docu. you are doing if it's new's and the truth, thats diffrant than Non fiction.

example wide shot, say your filming in LA and you using helocopter to shoot from, you dont need to get releases from every building in the shot. It's public they dont have Privacy right's example if you are having sex in the street and someone takes you picture you cant sue them as you have no right to expect privacy in a public setting, if they are on your lawn and take a pic of you having sex in your bedroom between a 1 inch opening in the curtans, You can sue Big Time. you have an expected rights of privacy in your own Home. now if you go out side and have sex at the pool side and your neighbors take pics from his side of the fence. Theirs nothing you can do about it. No right to privacy exzist when your on your property but still in public view. Thats how the Paparazzi get away with long distance shots.

As someone who own's 2 publishing co's for music, all music is copyrighted from moment of conception same as a photograph. if any music plays in your movie you must pay lisencing fee, unless it's in PD (public domain) thats free for all to use.

Hope this help's you.....
 
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