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The Mentoring Room - Ask the Working Pros

This is a Public Topic geared towards first-time filmmakers. Professional members of The D-Word will come by and answer your questions about documentary filmmaking.

Mark Barroso
Tue 12 Aug 2008Link

Neil:
Laws are country-specific, so us Yanks can't tell you squat. That said, I'll tell you my thoughts anyway (us Yanks are like that).

I'm assuming you can't contact parents ahead of time and are shooting kids who just happen to show up. If it were me, I would demand from the kids the phone number of their guardian and call them on the spot. After getting a verbal release from mum, I'd tell her you need to get all this in writing and that she will have to sign a release and get her address.

Know going into it that x percent of the kids you shoot will be unusable because their parent never followed up by mailing you the release.


Andrew David Watson
Tue 12 Aug 2008Link

What type of club is this? A chess club? A music Club? Will the kids be getting picked up by their parents at the end? Will you be interviewing the kids or will they just be background? Thats a tough situation.


Neil Garrett
Wed 13 Aug 2008Link

It's a computer game tournament organised by a local library. I think the age range is gonna be quite broad so I'm assuming a fair number of kids will be making their own way there and back. The sequence ain't gonna live or die on whether I get interviews with them, but it would be nice to get some reaction – only with kids who I've got cast iron consent to use though!

-And Mark, thanks for the advice about getting verbal releases. I think thats probably a good place to start!

Cheers


Roderick Taylor
Wed 13 Aug 2008Link

Hey Neil,

I'm not sure how it works in the UK, nor am I really sure how it works in my own country (Canada), as the lawyers like to debate these issues to the end of time. That said, my understanding of it is this. Anyone can film anything in a public forum. Where you may be sued is if you use that public footage in a manner that could be construed as defamation of character. For example, if I'm making a video about prostitution and I videotape women waiting for the bus or teenage males cruising in their cars on main street, and I use that footage as b-roll in my film, but in such a way that those persons are depicted as prostitutes or 'john's', it would be pretty good grounds for a defamation of character lawsuit laid against me. If I was actually filming prostitutes and 'john's' cruising around the red light area of my city, and I disguised their faces in final production, I'd be minimizing the chances of a lawsuit, as I've eliminated a great deal of possibility for someone's character to be defamated.

At the end of the day however, anyone can sue anyone for anything. All you have to do is file a writ in a civil court. So, there is no 100% protection from a law suit. What you can protect yourself from is the credibility of the plaintiff's lawsuit.

If you are filming people in a private setting, such as a library, you will likely need permission from the library to do so. The library will then probably put up a poster that warns people of the shooting and gives them the option to inform you if they don't want to be captured in your film.

As for the 16-year-olds and their consent. I think it depends on two factors; the age of majority in the UK, and wheter or not you have something like an Infants Act in the UK. The Infants Act in Canada allows counsellors to provide their services to children under the age of majority, without consent from their parents, provided that the counsellor considers the child to be old enough to fully understand the consequences of such services. Maybe the UK has a law like that but pertaining to the rights of a child to access any kind of service.

Those are just my thoughts

Take Care,


Neil Garrett
Thu 14 Aug 2008Link

Well just got back from the filming and wouldn't you know it, the God of Production was smiling down on me. All but one of the kids had parents drifting in and out, all perfectly happy to have the kiddywinks on camera. Even the mum who wasn't there gave verbal consent over the phone and has agreed to sign the release I'm sending her.

Now I just need to know whether I can use cutaways of the TV screen showing the computer games being played, or whether that breaches uk copyright. Anyone?


Mike Mossey
Fri 15 Aug 2008Link

Do most people start their own company as a documentary filmmaker or can you just do business as yourself?
Does anyone know of any resources that outline the steps for creating a small-scale Doc-film business?
I am new to this. Thanks.


Doug Block
Fri 15 Aug 2008Link

Mike, I did business as myself (using a DBA) for quite a while. Once I started raising significant money for my first doc I incorporated. I think that's a pretty common way to go.


Skyler Buffmeyer
Sun 17 Aug 2008Link

hi!
i am interested in making my own doc and was wondering if there was a good editing program out there that is somewhat reasonable in the price and is not to complicated.
thank you :)


Christopher Wong
Mon 18 Aug 2008Link

welcome skyler...

there are a few decent editing programs out there, but the most common one is Final Cut Pro (FCP). A cheaper version of the same thing is Final Cut Express (FCE). But both of these programs only work with a Mac. (Speaking of which, iMovie comes absolutely free of charge with the Mac, and is a very handy program for beginners.)

if you have a PC, there are a myriad of options, the most popular of which are Avid and Adobe Premiere. unless you are wanting to be a professional editor, Avid is probably too expensive for you and requires too much of a learning curve. Adobe Premiere is easy to learn and widely used but not so much by documentary filmmakers.

all in all, if you can afford it, get the cheapest new Mac you can get, and start editing with iMovie. after a month or so of practice, then shell out the few hundred bucks for FCE. when you have a project that's actually fit for broadcast, upgrade to FCP.


Joe Moulins
Mon 18 Aug 2008Link

It's been a long time since I checked, but doesn't Avid have a free version for Windows and Mac?

(three minute later)

I guess not

Edited Mon 18 Aug 2008 by Joe Moulins

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