Understanding Legal Issues in Film Part 3: During Fliming

Disclaimer
I am a law student and therefore have no legal right to provide actual legal advice.  With that being said, I know that the process of making a film, especially for young, new filmmakers, can be daunting.  I mean other than focusing on what to actually film, the legal process for filmmakers is quite extensive.  Due to this, I wish to help you young filmmakers understand what legal issues you will be facing during your creative process.  This is the third of four articles that I will provide regarding these issues.  The first one dealt with legal issues while drafting the script, the second one dealt with legal issues after the writing process but before filming, this third dealing with legal issues during the filming process, and finally the fourth one dealing with the legal issues after filming is completed.  I hope that you enjoy and find this helpful.  Once again before I begin, this should not be considered legal advice, but should be issues that you should discuss with a licensed lawyer.

Hey y'all, sorry it has taken so long to finally write my next installment in my Understanding Legal Issues in Film Series.  This is part 3 in the series and will talk about what legal issues you young filmmakers will face during the filming process.  So I hope you enjoy and find this helpful.

Trademarks
Just like Copyrights and Contracts were such huge issues before filming, the issue of Trademarks is the biggest issue that you will face while filming.  A lot of filmmakers will try to get money for their films through product placement.  This means that companies will pay you to put their logos and products in your film.  This is an excellent way to earn more money for your film and to gain more support for your film.
With that being said, if you are planning on using certain products in your film, you have to get permission to use those products.  Also, if you don't plan on using specific products, names or business logos, but intend to make use your own logos, names or products, you will have to make sure that they do not resemble actual products, names, or logos.  You are able to discover what has a trademark and what is registered by contacting the United States Patent and Trademark Office (USPTO).

Publicity/Privacy Releases from All Individuals
Even if your film is fictional, you must makes sure that no names, faces,or likenesses that could identify any recognizable living person, unless you obtain written releases from those individuals. This is very similar to Trademarks.  However, with that being said, if the individual is depicted as someone part of a crowd, the release is unnecessary.  In respect to those that are deceased, it would be wise (unless advised otherwise by your lawyer) to get a release from heirs and family members of the deceased.  If you do not do this, you may be faced with a defamation lawsuit.  In conclusion, it is a lot better to be safe than sorry.
Though it is important to know that you need to get releases, it is also important to know what releases should entail.  First they should give the filmmaker the right to edit the product in ways that the filmmaker deems appropriate.  Second, they should include an express waiver of defamation, libel, and waiver of privacy claims.  Make sure that if you are dealing with minors, you need to make sure that it is legally binding and it is best to have parental permission.  Once again these are things that you attorney should be aware of.

Other Releases
Other releases that you should be aware about are locations and materials used on set.  For locations, if you want to a specific building such as a business or personal property, you must get a release from the owners.  If it is a publicly owned area, you do not have to get a release, but you must have the right to be there.  As for materials on the set, if you are using a certain set and there paintings on the walls or other objects (including wallpaper decor) you must get a release and maybe even the copyrights to use them.  This could get very tedious, but it will definitely be worth it when you are not being sued.

Music
This is another big issue that you will face when making a film.  Like when drafting the script and you needed to obtain copyrights to ideas of others, you also need to get the licenses and copyrights to the music that you use in your film.  This will probably be the most difficult part of your filmmaking process because most of them are owned by multiple entities including but not limited to artists, publishing companies, and record companies.  It is important to note, that you will need to get rights to pre-recorded music as well.  Some music clearance companies are Total Clearance 415-389-1531, Clearance Consultants 310-441-2600, and The Permissions Group 847-635-6550.

Film/Audio Clips
Finally, the last legal issue that you will probably face while filming your movie is the use film and audio clips.  Not only will you have to get a license to use these clips, but you will also need to get an authorized license from all the people involved in producing that clip.  This could be actors and the literary rights.  Also if there is music in the clip, you will need to get the copyrights for that music as well.  It is also important to note that by using a clip those involved may be able to obtain residual payments for re-use which could be costly.

In conclusion, probably the best advice that I can give you is that if you cannot get a release for any of the above mentioned items, DO NOT use the item in your film.  It is not worth it.  The best thing for your film is to reduce the chance of a lawsuit.  I hope that you found this helpful.  I know that there is a lot of stuff in this section, but all of it is very important.  Let me know if you have any questions.  I am more than willing to answer any of them.  Also for more information you can contact my friend, The IP Doctor.