• ✅ Technical and creative solutions for your film.
    ✅ Screenplay formatting help, plot and story guidance.
    ✅ A respectful community of professionals and newbies.
    ✅ Network with composers, editors, cast, crew, and more!
    🎬 IndieTalk - Filmmaking and Screenwriting help site and community.
    By filmmakers, for filmmakers since 2003

legal matters

trueindie

trueindie

So,... I got permission from a local hotel to shoot my feature there.

Now, this is a really beautiful hotel full of artwork from local artists, some of whom are of some renown. When I shoot the film and this artwork is in the background, are there copyright issues that I might run into? The hotel owns the artwork, of course. But everything at this hotel was designed by somebody, including the light fixtures were specially designed. So I can't really get around having something in the frame designed by somebody special.

If anybody knows anything about copyright or legal issues in a situation like this please let me know.
thanks
aveek
 
Sort by date Sort by votes
Thanks guys.

This is so terrible. I'm devastated right now. The artwork makes the hotel. It's such a beautiful place, and now I have to work around it. Just ridiculously disgusting situation.
 
Upvote 0 Downvote
trueindie said:
Thanks guys.

This is so terrible. I'm devastated right now. The artwork makes the hotel. It's such a beautiful place, and now I have to work around it. Just ridiculously disgusting situation.
Click to expand...

The good thing is that you said the artwork is from local artists.
Sounds like it's realistic that you could get permission to duplicate the artwork via film medium.

The hotel fixtures aren't a problem imo, just paintings hanging on the wall.
 
Upvote 0 Downvote
sfoster said:
The good thing is that you said the artwork is from local artists.
Sounds like it's realistic that you could get permission to duplicate the artwork via film medium.

The hotel fixtures aren't a problem imo, just paintings hanging on the wall.
Click to expand...

Some of the fixtures / tiles on the wall, were specifically designed, even hand crafted for this hotel.


But I just realized, that the good thing about this one particular room that I want to shoot in, is that the president of the hotel and her mom designed most of it. So I might still be okay. I might just get rid of that one light fixture and the couple of paintings and replace it with cleared stuff.

Check out the room and the hotel. It's fking beautiful.

http://www.gladstonehotel.com/spaces/409-tower-suite/
http://www.gladstonehotel.com/

Thanks for the info guys.
Best,
Aveek
 
Upvote 0 Downvote
I'm have no legal counsel creds, but I would think if the hotel paid for the service of vendors (artists, architects, etc) designing parts of their hotel that the hotel (the client) would own the rights to include them in filmed entertainment. Unless of course they were trademarked logos and such.

There's always a snag...

Hope you can work around it!
 
Upvote 0 Downvote
Hey Jeff, what's going on? Long time no nuthin.

I actually spent a good deal of time last night reading a clearance and copyright book. Actually, it's not that bad a situation. It's of course a good idea to get the clearances, so in case of a lawsuit, there's no fight if it is pre-cleared.

But in general, there are some precedents in US courts that suggest the following:
1. If an artwork is not being mechanically copied (for example a teddy bear is just being shown on screen and not being mechanically recreated), then it is not "copied" as far as the intent of the copyright law is concerned.

2. But in case of paintings and pictures and posters (teddy bear rule does not apply so one has to be careful), if it is identifiable, or not, if it is not central to the story, then lots of courts have ruled that it is not a violation of copyright. However, the trouble is that when not pre-cleared, copyright owners may still bring on a lawsuit, which most likely they will lose. But the fact remains, that nobody wants the lawsuit. So pre-clear.

3. Some states (like NY) and countries (like France) bestow "moral rights" to artists. Which means that even if you don't pay the artists, or clear with them, you better make sure somehow that the artist is credited (among lots of other things).

There were some other points, but these are the important ones. Don't take anything I wrote above as legal advice. Consult your lawyer if you have any questions.

I'm planning on getting the clearances. I'm also planning on changing the pictures in post, in the event any clearance is denied.

Thanks everybody. Have a great day. I'm pumped.
Best,
Aveek
 
Last edited:
Upvote 0 Downvote
It really depends on if these are original works or if they are prints (re-prints). When I recently shot at a museum of art, the key to the copyright was in who owned the original paintings.
 
Upvote 0 Downvote
sonnyboo said:
It really depends on if these are original works or if they are prints (re-prints). When I recently shot at a museum of art, the key to the copyright was in who owned the original paintings.
Click to expand...

Well, you're partially correct. But according to this book,

http://www.amazon.com/Clearance-Copyright-Everything-Independent-Filmmaker/dp/187950572X

whether it's print, or original work, the copyright still belongs to the artist, and you need clearance for both. But if the painting or print is not central to the story, then it is fair use (according to most courts). There was a major case relating to the movie "Coming to America" where they used some prominent painting pertinent to African American culture at the time, without clearance, and still won.

I'm of course not suggesting that it is a good idea to test the system :)
 
As an Amazon Associate we earn from qualifying purchases.
Upvote 0 Downvote
richy said:
I'm sorry for your troubles, Aveek.
Click to expand...
It's nuthin :)

Hey, couldn't you just take the paintings down, temporarily, for the shoot, if you can't get clearances?
Click to expand...

This hotel prides itself on how these rooms look, and charge people rates based on whatever the theme of each room is. At least that's how they market themselves. One of the contingencies of shooting in these rooms is that 'nothing' can be moved from it's original place. At least so I've been told by the Hotel manager.

I can live with it. And it's getting easier and easier to correct these things in post anyway.

Best,
Aveek
 
Upvote 0 Downvote
richy said:
And, if you trust that book, you shouldn't need to get clearance. It's just that that doesn't guarantee you that you won't still get sued or threatened with a lawsuit. Right?
Click to expand...

That's exactly right. The lawyer author of that book maintains that courts have ruled in favor of studios in most instances, and even when it did not, on appeal a new court ruled in favor of studios. However, the problem remains that if the copyright owner feels violated in some way, he or she can always sue. I definitely want to avoid that situation and plan to get all the clearances,... although the hotel manager keeps telling me that I don't need them, since the hotel owns all the paintings. That's not how it works. You can own a painting. Doesn't mean you have the right to make copies of it.

Cheers,
Aveek
 
Upvote 0 Downvote
You must log in or register to reply here.
Back
Top