OJ Simpson Phone Call

[Dash23]

What is the name of your state (only U.S. law)? Massachusetts

Hello,

I am working on a short film about the OJ Simpson chase. During the pursuit, OJ called the police, and engaged in a long phone call with LAPD homicide detective Tom Lange. The infamous police chase and phone call were broadcast live on many networks, and on many other news stations for weeks, months, and years to come. As I'm sure you know, the broadcast has been used everywhere, from shows, to documentaries, etc. etc. However, before I use the audio of the call, I need to know who owns it, or if it is in the public domain, etc.

Here is a video of what I am talking about: https://youtu.be/HcyyCi2b2AY?t=1m34s

Any advice?

Thanks.

 

[quincy]

What is the name of your state (only U.S. law)? Massachusetts

Hello,

I am working on a short film about the OJ Simpson chase. During the pursuit, OJ called the police, and engaged in a long phone call with LAPD homicide detective Tom Lange. The infamous police chase and phone call were broadcast live on many networks, and on many other news stations for weeks, months, and years to come. As I'm sure you know, the broadcast has been used everywhere, from shows, to documentaries, etc. etc. However, before I use the audio of the call, I need to know who owns it, or if it is in the public domain, etc.

Here is a video of what I am talking about: https://youtu.be/HcyyCi2b2AY?t=1m34s

Any advice?

Thanks.

You can request a copy of the police call from the LAPD, through a freedom of information public records request. A transcript of the call is part of the O.J. Simpson trial court records accessible to the public through an FOIA request of the court.

The videos of the car chase are mostly still owned by the news networks and the various individuals who recorded the chase. I believe the video most viewed, taken from an NBC helicopter, remains the property of NBC.

Here is a link to California's Public Records Act: http://www.thefirstamendmentcenter.org/publicrecordsact.pdf

Here is another link that provides access to a sample FOIA request form: http://www.nfoic.org/california-foia-laws

As a very general rule, even when material is NOT made available to the public, short excerpts of copyrighted video footage and short excerpts of copyrighted audio recordings can often fall within the Copyright Act's fair use guidelines, depending on the specific use of the material (e.g., for news reporting purposes or for documentary and educational films).

You would be smart to consult with a publishing law professional for a careful review of your film prior to release, this to best protect you from any lawsuit arising from your film's content.

Good luck.