i posted this under the newbie section but as an afterthought i figured i would probably recieve some better information if it was posted here. i'm begining to put together a documentary film and i need to know what my rights as a film maker are, especially when it comes to filming, using photos of, and using the name of an unwilling subject. slander and liabel suits are a major concern of mine at the moment. i know that the subject of this film will attempt to take legal action against me for this (my subject thrives on frivilous litigation). i need to know what rights i have as a documentary film maker and what rights i do not have. i'm currently a film student at the school of visual arts and have no experience with film law. any information would be greatly appreciated.
I would suggest you talk to a lawyer about this. Imagine if you got information from a poster that sounded good, but was old info, or valid in the UK and not the USA or the reverse. Cover your butt and talk to a professional.
RJSchwarz
San Diego, CA
RJSchwarz
You should definitely consult a lawyer on these issues, but it would also be worth checking out the answers in the FAQ under the Legal Issues group.
Ben C.
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filmmaking.net
(Incorporating the Internet Filmmaker's FAQ)
Please note the opinions expressed here are those of the author only and do not constitute legal advice. The author cannot accept and liability whatsoever for inaccurate or outdated information contained within.
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Benjamin Craig
Editor-in-Chief, filmmaking.net
I am shooting a documentary right now and have consulted an attorney on this issue. Simply put, as long as you show and tell the TRUTH and OPINIONS, you should be OK. Someone can only sue you if you went out of your way to LIED about them in hopes of showing them in a negative light and wanted to cause them financial and emotional harm. And even then, they would have to hire an attorney and try to sue you over this (which would be very expensive and difficult to prove). Of course I hae no idea what your film is about. But, for example, if you wanted to make a documentary of Hillary Clinton and interviewed all the people who hate her guts and think she is an opportunist witch, yo would be fine. But if you tried to prove she was a money-grubbing lesbian (no proof, though it is probably true) then you could be sued. I am not being political here. I am just trying to use an example.