Hello all, an interview opportunity with someone has dropped into my lap and although I'm no filmmaker, I've done business videos and family histories where I've interviewed elderly family members and made a 4 hour film based on interviews and photos. But I've never done anything more serious, nor done anything that might get marketed to the public. However, this opportunity has given me an idea to make a sort of short documentary, but I have some basic questions about copyrighted material and permissions to use a deceased celebrity's name.
One small-town near me received a lot of excitement in the 60s when a western starring a famous actor came to town to film and I've received the opportunity to interview several people that lived there during the filming and met the actor. I thought I might do a profile on how the film has impacted the town, even today, as his fans flock to see where the film was made and visit the places he visited while in town, etc. The town features a lot of the film memorabilia and uses the film to entice tourists to town.
My question...can I interview people talking about a deceased celebrity without getting in trouble because I'm using his name? Can I show photos of him in the doc as long as they are personal photos from people who met him back then? Can I show a still image from the film? Can I even show a short clip? Can I use his name when marketing the film if it were to reach that point? Do I need insurance?
I might attempt to sell it on DVD if it worked out, or submit to regional indie film festivals. I have never done this before, but this interview opportunity has me thinking of the possibilities.
What is considered Fair Use when it comes to a deceased celebrity and either using still images or just a few seconds of a movie?
If this is too big for me to tackle, it will change how I approach these interviews coming up, so any advice would be greatly appreciated. I have no idea if my ideas are feasible without paying hugely for using his name or for using copyrighted material.
Thank you very much for taking the time to read my post..
Mare
quote:
Originally posted by mare2318
My question...can I interview people talking about a deceased celebrity without getting in trouble because I'm using his name?
Yes.
quote:
Originally posted by mare2318
Can I show photos of him in the doc as long as they are personal photos from people who met him back then?
Yes.
quote:
Originally posted by mare2318
Can I show a still image from the film? Can I even show a short clip?
In most cases, yes. In some no. To get a legal answer you will
need to contact the copyright owner of the images. Not an easy
task. In some cases using images in a documentary is protected.
quote:
Originally posted by mare2318
Can I use his name when marketing the film if it were to reach that point? Do I need insurance?
The use of his name when marketing is also something that
cannot be answered on a filmmaking message board. That is
the realm of lawyers. and the insurance answer might be
complicated. distributors will need what is called "Errors and
Omissions insurance".
quote:
Originally posted by mare2318
What is considered Fair Use when it comes to a deceased celebrity and either using still images or just a few seconds of a movie?
The copyright.gov website has the exact wording on "Fair Use".
I think your ideas are feasible. How much you may have to pay
can vary wildly. I understand why you don't want to mention the
actors name here - you think someone might jump on your idea
before you do - but that makes it all the more difficult to answer
in any detail.
Most of the research needed can be done on line for free. Some of
the research might involve a lawyer so there may be some expenses
incurred. Without knowing any details, it sounds like it could be an
interesting documentary. And there is some leeway when making a
documentary so researching would probably be a wise move. You may
find that your specific subject and subject matter won't cost much, or
anything.
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
Hi and thank you so much for your reply! I found the person in charge of licensing for the actor and I emailed her, so I'm hoping to have a few more answers soon. Thank you for letting me know I can interview people and show their photos of the actor without needing permission. I guess the remaining question will be whether I can use his name when marketing, and whether I can use movie stills or clips. I asked her about the movie images, so perhaps she can direct me to the proper person from the movie studio. I appreciate your response, thank you!
