Learn to stay on the safe side of copyright laws when producing film projects.
Note: This handout is an overview and not a substitute for legal advice. For help with a specific situation, consult an attorney.
If you want to play it safe – film it yourself or get permission
If you want to be sure that your film can be distributed and submitted without complications, make sure that you have the rights to every aspect of what you film. Get signed releases for all recognizable people, places, things, and music that appear in your film. Most film festival submission guidelines require that you make a statement declaring that you have secured all rights for all aspects of your film.
Images or footage in the “public domain” can be used because the copyright has expired or the creator has specifically granted permission for it to be used by anyone. Check that the terms for the specific item you want to use allow for your specific use (such as on a Web site).
Creative Commons
Internet Archive
If you want to use something without permission – get a lawyer
If the appropriated footage is itself the subject of commentary or parody, your film is more likely to be protected under “fair use”. However, “fair use” is an intentionally ambiguous legal defense that is often decided on a case-by-case basis. It is a defense that you use after the copyright holder sues you. You may win in the end, but it will take time, money, and lawyers. If you want to create something you think will fall under fair use, it is best to consult an intellectual property lawyer before you get too far into the project.
Bleary Days for Eyes on the Prize – Wired News, Dec 22, 2004
wired.com/2004/12/bleary-days-for-eyes-on-the-prize
Stanford University Libraries – Copyright and Fair Use
fairuse.stanford.edu/primary_materials
“Fair Use” from Wikipedia
en.wikipedia.org/wiki/Fair_use
“Appropriation Art” from Wikipedia
en.wikipedia.org/wiki/Appropriation_Art
If you want to change the law – get involved
If you think copyright law is too restrictive and should be changed, or if you think fair use should be interpreted more liberally, you can join the groups that are working to protect (even expand) the rights of artists to use existing materials in their work. You can help by voting, getting involved with lobbying groups, and staying in touch with your congressional representatives.
Detritus.net