What is the name of your state (only U.S. law)? New Mexico
First of all, thanks for any assistance!
I'm currently producing an authorized documentary about a retired adult film star. In the course of the documentary, I'd like to show about 10-20 seconds of non-sexual footage from a couple of her past films.
These were produced nearly 30 years ago, and some of her scene partners in said footage are no longer alive. It has been nearly impossible to track down the owner of the rights.
Am I allowed to show footage for "educational" purposes under fair use? Trying to track down the legal rights owners is not feasible, especially in such a shady industry where people rarely use their real names and leave a minimal paper trail.
I will be getting a E&O Insurance policy, as required by all distributors. Thanks again for any advice and insight.
I am going to provide you with two links. The first link is to your previous thread on this forum that addresses the fair use of musical works in documentary films. It touches on some of the same concerns you have with your film. The second link is to the Center for Media & Social Impact website on "Documentary Filmmakers Statement of Best Practices in Fair Use." It has a wealth of information you should find helpful.
https://forum.freeadvice.com/sports-arts-entertainment-law-86/use-music-documentary-645538.htmlhttps://forum.freeadvice.com/threads/use-of-music-in-a-documentary.645538/
http://www.cmsimpact.org/wp-content/uploads/2016/01/Documentary-Filmmakers.pdf
It is important to remember that "fair use" is not permission to use others' copyrighted works. It is an
affirmative defense to a claim of copyright infringement. It is a "yes, I infringed on another's copyrighted work but it is an excusable infringement" defense. The
problem with using this defense is it is up to a court to ultimately decide if your use was in fact excusable, this AFTER you have been sued by the copyright holder.
It is ALWAYS best to get permission granted by the copyright holder prior to using copyrighted material, to avoid conflict with the copyright holder that results in a lawsuit and a court decision that could easily be in the copyright holder's favor.
And is also best to review your film plans with an IP attorney before distributing your film to the public.
I assume that when you say your documentary is "authorized" you mean releases have been signed allowing for use of all subjects' names and images and personal histories.
Good luck.