Use of footage in a documentary

[Zigner]

All legal experiences have sullied my opinion of the legal system. Alas, it is what it is.

I ultimately will hire an attorney, but was hoping for some avenues to explore. I'm particularly curious to see if "Fair Use" is an option for me.

Unfortunately, there are a lot of Armchair Lawyers who dole out "advice" and when they can't expound upon their reasons, they pull the "get a lawyer" card. Anyone on the street can tell me to get a lawyer.

No hard feelings to anyone, and if someone has some new, valid perspective I'd love to hear it.

What is a "valid perspective"? I suppose only perspectives that you feel support your case to steal...err...appropriate...err...use someone else's material will be seen as "valid", right?

[xylene]

Lobby for the change you want to see.

[adjusterjack]

No hard feelings to anyone, and if someone has some new, valid perspective I'd love to hear it.

You mean anyone willing to pat you on the head and say it's OK for you to use the material without consent of the owners?

Yeah, good luck with that.

I see it done all the time, with credit given to the rights owners. I see news stories and magazine shows that show footage of other works, with credit given.

What you don't see is that those professional producers got consent first.

I'm particularly curious to see if "Fair Use" is an option for me.

It might apply if you are making that documentary without any intention of making a nickel on it. Like posting it on youtube for free for everybody to view for educational purposes.

On the other hand if you expect financial gain from it, fair use isn't likely to apply.

There is a boatload of "fair use" resources online. All you have to do is read them to figure out whether it applies to what you are doing.

https://duckduckgo.com/?q=fair+use+o...al&t=hh&ia=web

Unfortunately, there are a lot of Armchair Lawyers who dole out "advice" and when they can't expound upon their reasons, they pull the "get a lawyer" card. Anyone on the street can tell me to get a lawyer.

You're right. With a couple of exceptions all of us ARE "armchair lawyers."

If you had read the disclaimer at the bottom of the page it wouldn't have come as a surprise to you.

Information on FreeAdvice or a Forum is never a substitute for personal advice from an attorney licensed in your jurisdiction you have retained to represent you.

[PayrollHRGuy]

Telling someone "get a lawyer" on a legal forum isn't "good advice." It's not advice at all. That's usually what people say when they have no advice. I'm not here to argue, so thank you for your responses, just the same. Peace.

I plan to consult an attorney but wanted to get some perspective and hopefully have more options to discuss beforehand. I'd like to have my ducks in a row before I commit to hiring a lawyer.

If there is anyone else that has some profound insight, I'd appreciate any advice.

You were given advice some of it very good. You didn't seem to like it. So I gave you the best advice I could.

[quincy]

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 a 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.

Use of music in a Documentary

http://cmsimpact.org/Code/documentar...s-in-fair-use/

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.