Covering myself in a free web-only educational documentary

[PositiveFuture]

I'm making a free online documentary that contains roughly 50 per cent keyframed photos. Got some questions if anyone can help. The majority of my pictures come from Wikipedia Commons.

Do I have to contact every single photographer and ask permission? That would take months.
The pictures are under various different licences.

OR, am I covered under fair use if I post a disclaimer like:

This is an educational, non-profit, freely distributed film. All pictures are used under
fair use for an internet only production. If you would like your picture to be removed please
contact us and we will take it down immediately. (Basic idea, sorry, my legalese sucks)

Following that, I will credit each photographer in the end credits.

*

I don't mind if someone asks me to take a pic down, I just want to protect myself against being sued.
How likely is this? The film is fairly neutral/positive in tone and I don't twist anything or make anyone look bad. I have a few more questions that I'll ask if I get a decent response here.

Thanks.

 

[Loughran Consulting Group]

This is the sort of dangerous terrain filmmaking is inherently likely to come across. When considering licensing issues, please be careful in how you go about handling the situation. Often times doing something legitimately is more of a burden, but is safe.

Licensing is such that even if no other action is taken on the part of the photographer, they're covered by the creative copyright laws. Anything created as far as art/photo/writing is immediately copyrighted to them, however is by no means solid protection. It is, however, enough to discourage you from claiming fair use, as this may or may not be applicable to you. Being a non-profit educational film you do meet most of the requirements of fair use, but still stand to be liable. Having a contact is a good idea in that it allows you an out, but is by no means a safe way of going about the matter. Is any part of this promotional to an organization, person, school, etc? Or is this just a public exhibition of an documentary based opinion on a given subject with no personal agenda?

In film you want to go about the principle of creating the longest paper trail possible. If you have nothing to hide you should show it. If you were to contact each photographer and are able to secure a response that goes about saying something to the tune of them allowing the use of their photograph in your production for the basis of a particular purpose for no exchange of money, then you would have in essence a type of deal memo and be secured enough to feel somewhat safer exhibiting your work. Since you are making no money off of this project, there is little reason to sue as there is nothing to gain that a cease and desist letter can't achieve. Keep a paper trail though, and there is much less reason or merit for any possible lawsuit against the exhibition of your work. These matters are very subjective and usually left up to the decision of an arbitrator or a court judge, but let us hope that you never get to that level.

Be safe and proud of your work. Get an email message release from the photographers and you won't have worry about who you show the film to and you can try harder to get more and more people to see the film.

Please take note: This is not intended as a substitute for professional legal counsel. This is our advice on the matter.

If you have any more questions, feel free to continue this thread or email us at info@loughrancg.com

The Loughran Consulting Group

 

[PositiveFuture]

Thanks a lot for an in depth and comprehensive reply. I have an idea of what to do now...

Is any part of this promotional to an organization, person, school, etc?

No.

Or is this just a public exhibition of an documentary based opinion on a given subject with no personal agenda?

Yes. So I should be on the safer end of the spectrum.

Since you are making no money off of this project, there is little reason to sue as there is nothing to gain that a cease and desist letter can't achieve.

That's what I thought. I will make every effort to contact the photographers, but if things go wrong I'll just use a substitute photo.

 

[Tinalera]

This is helpful to me too. I'm currently writing a research book on masks, and want to use pictures, and have been wondering these questions myself.

I will probably be using different pictures, I know not all will be given permission. What I was thinking is this: if you can approach a site that has copyright over a large of amount of material, then I would think having that "one" (or few) sources is a bit easier than 100 different copyright holders(I've always noticed in other related that most pics often come from one or two "big" sources.

I will be finding a papertrail, the bigger the better. I am going to make sure that each picture I use I have something in hand that says "yes, you have permission", though even then I'm sure it's not cut and dried.