Legal issues in documentary filmmaking

Nov 02, 2016 knowing your rights as a documentary filmmakerand having the right forms to back them upis the armor you need to chase the biggest stories of our times. Each of these issues should be considered as part of developing a film project. This difficult decisionmaking is highly prevalent in that of documentaries, because of the difficulties. Dec 29, 2016 in documentary film filmmakers do have a set of morals, ironically referred to as the code of ethics. Documentary filmmakers, quinn said, need to have a sense of the ethical questions or concerns that will affect their work. A legal guide for filmmakers and film producers for short films, feature films, and film projects the legal and business issues that accompany film production can be daunting. Aug 30, 2017 the beauty of the statement of best practices is that it was created in conjunction with working feature film documentary filmmakers and the worlds leading legal scholars, to define, in simple words, what kinds of uses of works fall under fair use. As a documentary filmmaker, you could be working on a variety of projects an investigative story, or observing animal behaviour. Voice of god, authoritative commentator informs us about some aspect of the world in an impersonal but authoritative manner. Sep 23, 2014 home documentary filmmaking how to deal with ethical challenges in documentary filmmaking posted on september 23, 2014 april 16, 2018 by new york film academy documentary filmmakers are lurking in murky waters when it comes to ethical challenges. The clinic will help documentary filmmakers with legal issues they might face like public records access and law. Mar 20, 2018 all the issues ive listed in 19 affect the cost of a documentary.

Pennebaker and michael skolnik, youll hear from these experts about how to go from an idea to a finished project. Film or video appears to arrive, addressed to us, from a source that lacks individuality institutional discourse. A documentary film has an editorial, informative, or educational purpose and is different than commercial projects. Professor of law, american university washington college of law. I provide production counsel for films, documentaries and reality. All the issues ive listed in 19 affect the cost of a documentary. Documentary filmmakers typically are small business owners, selling their work to a range of distributors, mostly in television. Whether you are making a lowbudget short film, a documentary, or a hollywood blockbuster, you need to know about some important legal issues that can affect you.

Navigating the legal issues of documentary filmmaking. But, just as films have their patents and rights of use and enjoyment, sounds and music do too. Oct 23, 2015 navigating the legal minefield of documentary filmmaking can be a costly and dizzying experience for independent filmmakers. Observational mode docs strive for cinematic realism. This course is a film law and business primer that provides a general overview of the key issues in documentary filmmaking from life story rights and privacy claims to third party clearances every filmmaker and attorney advising filmmakers should know to avoid some. Business structure for independent filmmakers when starting any new venture, the first question an entrepreneur faces is how to organize the business structure. Every filmmaking form youll ever need in 99 free templates. Grab the best paper we use cookies to create the best experience for you. The ultimate guide to fair use and copyrights for filmmakers. Aug 16, 2011 this one, coauthored by donaldsons law partner, lisa callif, goes through the indie filmmaking process from idea to distribution. Thirty filmmakers discuss the art and craft of documentary filmmaking covering everything from finding a story, starting the process, shooting. Voice of god, authoritative commentator informs us about some aspect of.

Knowing your rights as a documentary filmmakerand having the right. While greenfields film, the queen of versailles, was nabbing the 2012 directing award for u. Making documentaries can be fun, but dont miss this important overview of legal and issues to keep you out of trouble. In documentary film filmmakers do have a set of morals, ironically referred to as the code of ethics. Financing, shooting, and distributing independent and digital films designed to introduce filmmakers and others interested in creating content on the legal issues involved in the filmmaking process. Here are some of the papers that help you do things right. These are basically principles that are required of the director for the picture to keep its. Knowing a few legal basics can make the difference between a shelved project collecting dust and a successful film release. And it is an attempt to represent aspects of that world to a larger audience. You will learn about some of the legal and ethical issues surrounding documentary filmmaking, and the impact the design of your film can have on a person, a cause, or a country. Tips from the trenches using interviews with seasoned filmmakers richard berge, nick dobb, d. Legal advice for filmmakers making their first feature film.

Tax refers to the tax benefits such as the illinois film services tax credit and tax obligations incurred in the production and distribution of the film. In addition to campaigning on kickstarter, here are a number of. For instance, suzan beraza credits her counsel with providing helpful suggestions to keep her team out of legal turmoil when she. This is part of a series of book excerpts from the independent filmmakers law and business guide. Thom powers thinks documentary filmmakers need a legal defense fund to help fight court battles of significance to the documentary community as a whole. How to deal with ethical challenges in documentary filmmaking. Basic legal contracts for filmmakers is suitable for beginner film producers and screenwriters, as well as those interested in finding out more about the legal side of filmmaking. Meanwhile, as our media ecosystem becomes increasingly fragmented and traditional journalism outlets face ever more attrition, documentary has taken on a new role as a center of in depth investigative journalism. When filming a documentary, there are several legal issues that you should first consider, particularly regarding telling other peoples stories and filming objects. About the tutor tony morris has more than 35 years experience in advising on a broad range of transactional and contentious matters.

Documentary filmmakers on ethical challenges in their work. Business and legal issues in documentary filmmaking online. Documentary and the law international documentary association. Powers is the documentary programmer at the toronto international film festival, and founder of doc nyc in manhattan, which over the last four years has become one of the premier documentary. What follows is a short guide on these legal issues to help you as you pursue your filmmaking dreams. Award winning film the wolfpack tells the story of five brothers whove spent most of their lives confined to a new york apartment.

And it is an attempt to represent aspects of that world to a. Remote work advice from the largest allremote company. Law impacts the creative process of documentary film production. Do documentary filmmakers need a legal defense fund. Please practice handwashing and social distancing, and check out our resources for adapting to these times. In the field of documentary filmmaking the writerdirector often is the producer as well. Short legal guide for independent filmmakers legalzoom. This will give law students firsthand experience with real cases. This workshop, led by media and entertainment attorney laura possessky, is designed to help filmmakers identify legal issues and develop a toolkit to navigate challenges as they arise. Cameraperson and the conventions of documentary filmmaking.

Any filmmaker who sets out to make a documentary faces multiple challenges, not the least of which is a set of ethical issues inherent in the process. Whether you are a filmmaker, producer, production company, or other film professional, weve prepared a guide to walk you through the issues that. Rights of the employer and employees employers have a responsibility to their workforce to provide for their health and safety in the workplace. Legal issues arise in every aspect of film production. How to deal with ethical challenges in documentary filmmaking posted on september 23, 2014 april 16, 2018 by new york film academy documentary filmmakers are lurking in murky waters when it comes to ethical challenges.

Digital technology and internet distribution have led to unprecedented new opportunities for filmmakers and a new role in popular culture. Ethics in filmmaking one of the integral things that must be addressed when making a film is the ethics involved. The producer makes the project happen by ironing out the specifics. Top legal issues in film production law axis legal counsel.

A simpler description would be the fly on the wall approach of documentary filmmaking. Legal information for film and video makers arts law centre. Filmmakers are documenting real people, with real issues that generally come from dark places to shed light on the focus and bring it to the worlds attention. The american bar associations legal guide to independent. An indispensable resource on site or in the studio, this compact handbook offers something for all types of students. Legal issues for documentary filmmakers ie11291 docs in. A documentary subjects rights are dictated by two interrelated factors. Ucla law launches documentary film legal clinic jdjournal. The legal releases you need for a documentary film can differ substantially from the requirements associated with commercial video projects. How to edit so that the film is true to its topic and subjects, yet also works as a compelling story for the audiences.

The most common business entities are sole proprietorships, general partnerships, corporations and limited liability companies. This type of documentary tends to be low budget, with a small crew and natural lighting. I am a bostonbased entertainment lawyer, literary manager and producer. It raises questions about the ethics of documentary filmmaking. Lawgenre documentaries influence public opinion about legal issues. Why are ethical issues central to documentary filmmaking. If youve got a camera rolling in the midst of a policeprotestor stand off at standing rock, youre sure as hell not going to take time to pass out release forms.

Participants will engage in interactive discussions on business structures, production risks, rights. Meanwhile, as our media ecosystem becomes increasingly fragmented and traditional journalism outlets face ever more attrition, documentary has taken on a new role as a center of indepth investigative journalism. Its on a different scale than journalism, simply because doc. Documentary filmmakers typically are small business owners, selling their work to. I used and referenced it in the making of my short film documentary mixed in. Secondly, research has mainly focused on the theoretical level without paying enough attention to the reasoning behind documentary filmmaking in practice. It is an encounter with other human beings, many times in complex and difficult circumstances. It provides valuable legal information and advice, the allimportant red flags, and, especially useful, forms, which appear in the text and as microsoft word documents on the accompanying cd. Knowing your rights as a documentary filmmakerand having the right forms to back them upis the armor you need to chase the biggest stories of our times. Selling or making money from your documentary film does not convert it to a commercial project. Sep 09, 2016 cameraperson and the conventions of documentary filmmaking.

After viewing excerpts from a selection of documentary films directed and produced by melinda levin, well talk about what happened behind the scenes, and the. In order to avoid such legal action, you should include a disclaimer at the onset of your production that states that it is not associated with any of the products or brands that it features. Unlike journalism, documentary filmmaking has largely been an individual, freelance effort. This one, coauthored by donaldsons law partner, lisa callif, goes through the indie filmmaking process from idea to distribution.

Ethics are certainly the baseline of most documentary films given the content and the realism of these projects. What rights does the subject of a documentary film have if the film falls apart. A documentary film production involves an intense and often intimate interaction with the real world. Indie filmmakers know better than anyone that financing can be one of the most challenging aspects of the moviemaking process. The first two types sole proprietorships and general partnerships should not be used in film. Seek advice and find out who is the most realistic partner for your. Navigating the legal minefield of documentary filmmaking can be a costly and dizzying experience for independent filmmakers. Business and legal issues in documentary filmmaking. Whats legal placing products in your production videomaker. Oct 17, 2014 documentary filmmakers, quinn said, need to have a sense of the ethical questions or concerns that will affect their work. This course will list the duties and responsibilities of the director and those of the producer.

Ethics are not static signing a release form is the beginning of a discussion about responsibilities and implications but, a release form does not ensure you have dealt ethically with your subjects ethics is a continual process, ongoing discussion and understanding of empathy it is one of the key issues in documentary filmmaking ethics is. This issue combines legal and business issues i have encountered as both an executive and an attorney. The filmmaker follows the drama as it unfolds in realtime. Ethics are a constant issue that have to be carefully considered when filmmaking.

Please practice handwashing and social distancing, and. Jul 09, 2015 over the course of my career, as both the founder of the film collaborative and an attorney in private practice at early sullivan, i have noticed a lack of understanding by filmmakers regarding. Applying and pitching for funding is a full time job. Ethics of documentary filmmaking in theory and practice. This course is a film law and business primer that provides a general overview of the key issues in documentary filmmaking from life story rights and privacy claims to third party clearances every filmmaker and attorney advising filmmakers should know to avoid some of.

Oct 21, 2014 ethics are not static signing a release form is the beginning of a discussion about responsibilities and implications but, a release form does not ensure you have dealt ethically with your subjects ethics is a continual process, ongoing discussion and understanding of empathy it is one of the key issues in documentary filmmaking ethics is. Filmmakers were drawn into criticism of their peers, while lacking common standards of reference. Our primary mission is the promotion of visual legal advocacy. For documentarians, the only thing more complicated than making your film could be the legal blowback after its released. Feb 25, 2020 thirty filmmakers discuss the art and craft of documentary filmmaking covering everything from finding a story, starting the process, shooting, editing and considering legal and ethical issues to. A contemporary field guide is a skillsoriented, stepbystep portable guide to creating documentary films, from the initial idea phase to postproduction processes and distribution.