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Illegal substances on film

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Ledrak

Member
What is the name of your state? SC

If I release a film that shows somebody shooting heroine or snorting a few lines of cocaine in it... could I as the producer, or the person actually depicted in the scene potentially be prosecuted for drug possession or anything of the sort? This may sound stupid, but I'm asking seriously here.
 
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HomeGuru

Senior Member
What is the name of your state? SC

If I release a film that shows somebody shooting heroine or snorting a few lines of cocaine in it... could I as the producer, or the person actually depicted in the scene potentially be prosecuted for drug possession or anything of the sort? This may sound stupid, but I'm asking seriously here.
**A: is this reality TV or ? Think about it. What if you release a movie of an actual rape or murder; do you think you would get off free?
 

Ledrak

Member
**A: is this reality TV or ? Think about it. What if you release a movie of an actual rape or murder; do you think you would get off free?
No, but we're not talking about rape or murder. We're talking about somebody shown using an illegal drug. I've seen it before in documentaries, so I know it's been done. I just want to know if you could get in legal trouble for filming it?
 

Zigner

Senior Member, Non-Attorney
No, but we're not talking about rape or murder. We're talking about somebody shown using an illegal drug. I've seen it before in documentaries, so I know it's been done. I just want to know if you could get in legal trouble for filming it?
You need to speak with a local entertainment attorney.
 

HomeGuru

Senior Member
No, but we're not talking about rape or murder. We're talking about somebody shown using an illegal drug. I've seen it before in documentaries, so I know it's been done. I just want to know if you could get in legal trouble for filming it?
**A: the answer is yes. So stay off the stuff if you want to think straight and utilize your common sense.
 

quincy

Senior Member
Documentary film making is more journalism than entertainment and, for this reason, a documentary film maker can usually avoid prosecution for "reporting" on drug use or prostitution or gang wars and so on, even when the filming shows illegal acts.

The film maker may not, however, escape being asked to reveal names and locations, and he may be asked to testify at a criminal or civil trial. The film maker may be subpoenaed and asked to produce material gathered during the course of the filming. Most journalists will resist such efforts, and shield laws give some protection against testifying.

The best way to handle the filming of individuals is to obtain releases after filming, and make no promises about confidentiality. Your "actors" can be in trouble for committing illegal acts. That is why identities are often disguised in news stories. Careful editing of a film can allow some anonymity.

As a documentary film maker, you must be aware of your rights in filming and the rights of those you film. Lawsuits can arise from defamatory content and invasion of privacy. Truth would be an absolute defense against defamation, and courts usually protect the press (and again, when filming a documentary you are more journalist than entertainer) against invasion of privacy suits when covering stories of legitimate public interest - but there are exceptions.

If you are filming friends shooting heroin or snorting coke for a YouTube video, however, you will probably lose most, if not all, of the protection a documentary film maker or journalist has, and you and your friends could all be in trouble.

Zigner had the best advice - consult with an entertainment lawyer. The lawyer can help you avoid the legal pitfalls you may face in your film.
 
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quincy

Senior Member
While Mike's suggestion is a good one for a credited and documented filmmaker in "Hollywood" creating a fictional movie (it is obviously not possible for a documentary, which is not a fictional piece), using his suggestion for a simple do-it-yourself YouTube video can still result in an investigation of you and your actors. Although it certainly avoids the use of real drugs and is therefore legal and wise, you should be prepared to hear from authorities anyway. Make sure there are no REAL drugs around when they show up at your door. :)
 

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