Documenting Illegal Activities

C

CatAndTie

I am based in the USA and am working on a documentary regarding Urban Explorers, who by definition are interested in accessing "off limit" areas... mostly abandoned/derelict buildings- sometimes with permission but mostly without. Think of the hobby as being a serial trespasser. Most of the people we have dealt with are always respectful of the buildings and mostly go in to take pictures. Names will be changed to protect the integrity of the buildings in question (in most of the cases). This is also most likely going to end as a feature length film.

Now... I think you know what comes next. How do you legally handle documentaries with such sensitive topics, specifically trespassing in this case, but feel free to ellaborate with your own experiences or examples. (What about a documentary about graffitti artists, or documentaries with heavy drug use?)

When it comes to documentaries, does any of this fall under a journalist type "protection" of any kind?
 
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From a non-legal background, my layman's common sense tells me you can show your "documentary" to all the family, friends, and clubs you want to or can - but - since you don't have release forms from the property owners no (reputable) festival or distributor will LEGALLY be allowed to display your film, lest they be seen promoting illegal activity.

You should ask an ENTERTAINMENT attorney what the deal is about you "documenting" others engaged in illegal activities, as opposed to documenting yourself engaged in illegal activities.
You could make a doc on heroin users but not yourself using heroin, IOW. :)

You also might want to see how the distribution rights are going to play out for 'Escape From Tomorrow.'
http://www.newyorker.com/online/blo...row-disney-world-and-the-law-of-fair-use.html
http://www.cnn.com/2013/01/24/showbiz/movies/escape-tomorrow-sundance-disney
http://www.indiewire.com/article/co...ape-from-tomorrow-a-cut-and-dry-fair-use-case
http://www.firstshowing.net/2013/sundance-13-escape-from-tomorrow-is-total-disney-world-insanity/
http://boingboing.net/2013/01/23/tim-wu-escape-from-tomorrow.html
 
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Now... I think you know what comes next. How do you legally handle documentaries with such sensitive topics, specifically trespassing in this case, but feel free to ellaborate with your own experiences or examples. (What about a documentary about graffitti artists, or documentaries with heavy drug use?)
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You find legal representation. This is not the kind of appropriate question you should accept advice from a forum. There are possibly other consequences you need to consider, like if you publish a movie, is there a chance you come under fire for illiciting illegal activities in others and could you find yourself civilly or criminally responsible. You'll probably also want to find out what the fine line is between filming an illegal act and being complicit, before, after or during the fact and so on.

There are so many other possibilities that only a solicitor should advice you on.

When it comes to documentaries, does any of this fall under a journalist type "protection" of any kind?
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Possibly, though I doubt it. I suppose, this may come under the category of: Are you willing to go to jail to protect a source? Again, talk to a solicitor on this one.
 
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I agree with the above statements - while you can get ideas from a public forum, you should only follow the advice of a qualified lawyer.

Unless you are participating in the activities, I am not sure you will be deemed complicit in illegal activities. It may be worth emailing the producers of "Exit Through the Gift Shop" to see what was required of them while filming illegal activity, then confirm with an entertainment lawyer on how that translates to you. http://acmetv.co.uk/

From a documentary fan perspective, be careful how much you blur and change - without context you may not be able to suck in the audience.

From a documentary filmmaker perspective, I have never been asked to provide permits and location releases for unrecognizable locations - not saying it never happens, but a lawyer will be able to determine the risks for you.

Gather your information and then pay for an hour with a lawyer - it will be worth it.

https://www.facebook.com/chainoftitle
 
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To jump on the bandwagon, you should contact someone who specializes in this type of law for definitive answers.

To the best of my knowledge this is one of those areas that can be placed on the blurry line between documentary filmmaking and investigative journalism. A lot will depend upon your slant/bias, how you edit the piece and where you intend to show it.

Again, you should contact a legal professional. Not what you what to hear, I'm sure, as they can be rather pricey. You may want to look for someone who has just hung up their shingle, and there are groups of retirees who do pro bono and minimal fee work for folks like you as well.
 
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CatAndTie said:
I am based in the USA and am working on a documentary regarding Urban Explorers, who by definition are interested in accessing "off limit" areas... mostly abandoned/derelict buildings- sometimes with permission but mostly without. Think of the hobby as being a serial trespasser. Most of the people we have dealt with are always respectful of the buildings and mostly go in to take pictures. Names will be changed to protect the integrity of the buildings in question (in most of the cases). This is also most likely going to end as a feature length film.

Now... I think you know what comes next. How do you legally handle documentaries with such sensitive topics, specifically trespassing in this case, but feel free to ellaborate with your own experiences or examples. (What about a documentary about graffitti artists, or documentaries with heavy drug use?)

When it comes to documentaries, does any of this fall under a journalist type "protection" of any kind?
Click to expand...
Are you talking about filming individuals or just property? With regard to people it doesn't matter if it's a documentary, movie or anything else. It's a question of "expectation of privacy" and this varies by state. For example in California it's just plain against the law to video tape someone shopping in a store (on private property) unless you're standing on public property. That's why paparazzi's are always standing out on the sidewalk when celebs are inside LA nightclubs.
This story was recently in the news.
 
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