Copyright Law: Film's Friend Or Foe?

Copyright law applies to films, and it's important to understand the legal implications of using copyrighted material. The Federal Copyright Act and the Copyright Act specify that copyrighted films can be used publicly if properly licensed, but neither the rental nor purchase of a film grants the right to exhibit it outside of personal use. This distinction is crucial, as unauthorised public use of a copyrighted film can lead to legal consequences, including fines and jail time. To avoid these penalties, it is essential to obtain the necessary licenses from the copyright owner or authorised distributors. These licenses ensure that the cast and crew of the film receive their rightful compensation and motivate creators to continue producing new films. The law applies to everyone, regardless of the nature of the institution or whether admission is charged. Therefore, understanding copyright law and its application to films is essential for anyone considering public exhibitions of copyrighted material.

Copyright law and public performance

Copyright law applies to films and public performances of films are governed by this law. A public performance is the exhibition of a movie outside of someone's home. This means that it is shown to people other than members of one's family or a small group of friends. It also includes performances in a place that is open to people outside of one's family or friend group, regardless of whether they attend.

The Federal Copyright Act specifies that copyrighted materials like movies can be used publicly if properly licensed. However, the rental or purchase of a movie does not carry the right to exhibit it outside of one's home. To obtain a license for public performance, one can contact the copyright holder directly or rent the movie from a distributor authorized to grant such licenses, such as Swank Motion Pictures, Inc.

Public Performance Rights (PPR) grant the legal right to show a film or other media publicly. Without obtaining PPR, showing a film in a public setting violates the owner's copyright. Obtaining the rights for a public performance prevents possible legal action. Faculty and instructors at nonprofit, educational institutions can make a fair use defense under U.S. copyright law to use films as part of teaching. However, this does not extend to all on- or off-campus uses of films, and must be limited to those enrolled in the course.

There are some exceptions to the requirement of obtaining a PPR license. Films in the public domain, such as older films that were not copyrighted or pre-1964 films whose copyright was not renewed, can be shown publicly without a license. Films licensed under Creative Commons or another "copyleft" license can also be shown in public, although the specifics of the license should be considered. Additionally, using clips or excerpts from films for teaching purposes is allowed under the fair use doctrine of U.S. copyright law.

Violating copyright law through the unauthorized use of a movie can result in legal action, negative publicity, possible jail time, and substantial fines. It also prevents those who worked on the film from receiving their rightful compensation and can deter future creative endeavours.

Copyright clearances

Copyright law applies to films, and filmmakers have a series of exclusive rights to their work, including the right to make copies and the right to control public performances of the work.

When creating a film, it is important to obtain the necessary copyright clearances to avoid legal issues. Here are some key considerations for copyright clearances:

• Source Material: If the film is based on another work, such as a novel, play, or comic book, a license from the owner is usually required unless the source material is in the public domain.
• Screenplays: The author of a screenplay owns the copyright and must grant rights to the filmmaker through a license or by agreeing that the screenplay is a work-for-hire.
• Footage: Older films, pre-1964 films whose copyright was not renewed, and films shot by US government agencies are in the public domain and can be freely used. Using clips from other films or TV broadcasts may require a license, especially if they are well-known or used for commercial purposes.
• Music: Using copyrighted music in a film typically requires a synchronization license from the music publisher and a license from the record company that holds the rights to the particular recording.
• Buildings and Objects: Filming buildings, furniture, interior decor, and other objects with copyrighted designs or trademarks is generally considered fair use.
• Public Performance: Showing films to the public, even without charging admission, typically requires permission from the copyright owner in the form of a Public Performance Rights (PPR) license. Educational institutions may have more flexibility under the fair use exception.
• Clearance Logs: It is important to keep a comprehensive log of all rights-contingent material used in the film, including photographs, artwork, audio clips, and trademarks. This helps assess risk and secure insurance.

Moral rights

Motion pictures have been protected under American copyright law since 1912. Filmmakers have a series of exclusive rights to their work, including the right to make copies and the right to control public performances of the work.

There are four types of authors' moral rights in the UK:

• The right of paternity: The right to be identified as the author or director of a work. This right applies to the whole or any substantial part of a copyright literary, dramatic, musical, or artistic work and lasts for the life of the author plus 70 years.
• The right of integrity: The right to protect the reputation of an author's work. This right allows the author to stop any unauthorised mutilation, modification, or distortion of their work and claim damages if such acts occur before the copyright term expires.
• The right not to suffer false attribution: The right to not have a work falsely attributed to someone as the author or director. This right applies to the whole or any part of a work and lasts only until 20 years after the death of the author.
• The right to privacy: The right to not have copies of a photograph or film commissioned for private and domestic purposes publicly distributed, shown, or communicated. This right applies to the whole or any substantial part of the work and lasts for the author's life plus 70 years.

It is important to note that moral rights are retained by the author even if the copyright for a work is sold, transferred, or licensed. These rights are personal and cannot be transferred through assignment, but they can be waived by the author.

Film permits

Copyright law applies to films, and motion pictures have been protected under American copyright law since 1912. This means that filmmakers have a series of exclusive rights to their work, including the right to make copies and the right to control public performances of the work.

Now, onto film permits. If you're planning to film in Southern California or the US, Pacific Production Services (PPS) can help you with the permitting process. With over 30 years of experience, they can guide you through the complexities of permitting fees and timelines. From traffic control and community outreach to booking police officers and submitting applications, PPS has got you covered.

Alternatively, if you're filming in the Greater Los Angeles Area, FilmLA is your go-to resource. They can assist with obtaining film permits, providing expert knowledge on permit requirements and the unique needs of different communities. The FilmLA website outlines a 5-step process for completing the film permit process:

• Select Location
• Secure Insurance
• Submit Application
• Conduct Outreach
• Arrange Payment

It's important to note that laws regarding film permit requirements are established by the specific jurisdictions served. In general, non-commercial filming for personal use typically does not require a film permit. However, it's always a good idea to consult with organizations like FilmLA or PPS to ensure you have the necessary permissions and comply with all applicable regulations.

Contracts

The importance of contracts in the filmmaking process cannot be overstated, as evidenced by the case of the 1927 film "The Jazz Singer." Initially, the film was intended to be a silent film, but midway through production, it transitioned into a 'talkie', necessitating contract renegotiation with the lead actor, Al Jolson. This example underscores the pivotal role of legalities in film production.

When it comes to obtaining rights to a screenplay, authors can either grant rights to the filmmaker through a license or agree with the producer that the screenplay is a work-for-hire. Resources such as "The Independent Film Producer's Survival Guide" and "Clearance and Copyright" offer valuable insights and sample contracts for securing rights to a screenplay. On the other hand, "The Screenwriter's Legal Guide" and "The Writer Got Screwed" provide writers with guidance on negotiating with producers.

It is worth noting that the author of a screenplay, regardless of whether it is based on another work, owns the copyright to that screenplay. This highlights the significance of contracts in ensuring that rights are granted or obtained appropriately.

In addition to screenplay rights, securing film rights and managing licensing is crucial. This includes rights to books, music, or scripts, and effective management can help prevent legal disputes while ensuring that all contributors are duly acknowledged and compensated. The James Bond film franchise, for instance, has faced several legal battles due to the complex rights situation surrounding Ian Fleming's novels.

In summary, contracts are fundamental to film production, safeguarding the interests of all involved parties and ensuring a smooth and legally compliant process. By understanding and effectively managing contracts, filmmakers can focus on their creative vision with the assurance of being on the right side of the law.

Frequently asked questions