STUDENT PERMITS - LOCATIONS

[ayanes]

Hi!

First of all thanks to the creators of this site, for it's really handy and shows many useful tips for independent filmmakers.

I was wondering if you guys could know anything related to litigation as far as locations are concerned. This is my case, I am getting some permits to shoot in some Parks here in CA and, initially, this project is a non profit thing, but I am going to invest on the film and who knows if I was lucky enough to get a deal or something, at least take it to festivals.

So my question is: Do you guys think anything could happen if at the very end I got a way of distribute my student film or a deal? Do you think I could be sued? Because the thing with student projects is that we don't pay fees to shoot in some public locations, but people from permits say you are not supposed to get any money for it, that the film shouldn't be used for commercial purposes.

I would appreciate any kind of comments, suggestions, etc. perhaps you have a friend that has been in this situation before.

Thank you!

 

[knightly]

I always have location owners (not just employees) sign permission forms stating that they know we are filming (not shooting) there and that they are aware we may seek some sort of distribution for the project as part of the coursework requirements and that they waive their rights to any of the resulting possible funds.

Always ask permission, I hate the "easier to ask forgiveness than permission" addage, it's a cop out for people who are afraid to ask in the first place. (yeah, I said it!)

I've done a dozen shorts as both a student filmmaker and an indie filmmaker, I've gotten permission every single time for every location we've used. Phone book and a cell phone with unlimited minutes is all you need to get everything you want

"Non-Profit" is a legal definition and requires registration as a company meeting certain criteria... you will technically be "not for profit"... be careful how you use the previous term as it entails all kinds of stuff for the people you're asking for donations... including tax breaks that they can't receive from helping you.

 

[citychik]

I agree with knightly -- if you got location releases which has some phrase stating that the location owner has no control over how the footage can be used, you should be okay. As far as commercial versus non-commercial, don't worry. Generally, as far as I understand it, "commercial" means a project that investors can buy shares in. If you put all your own money into it, and then enter a few film festivals, win some prize money, or even get some kind of distribution and make a little money back (though unlikely), it's still not a commercial project. Artists paint a painting, and sell it, but their work is still art.

 

[directorik]

If you use the “noncommercial” permit read it carefully. Ask your
teachers to read it over with you. Some do stipulate you cannot
ever distribute the movie for commercial purposes.

A project can go from noncommercial to commercial if during a
festival run a distributor is interested. If you don’t have all
the legal aspects covered you tie your hands with a distributor.
The best thing for you to do in this case is talk to your teachers
about this.