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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.

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Ben Kempas
Sun 19 Feb 2006Link
Ask Don Edkins of Day Zero in Cape Town. He produced "Steps for the
Future", a series of films about life in Southern Africa in the
presence of HIV/AIDS.

http://dayzero.co.za/steps/

Didi Francis
Thu 23 Feb 2006Link
Thanks Ben, I will do so as well. Thanks for all the help, really
appreciate it.

Didi

Ross Williams
Tue 28 Mar 2006Link
I'm nearing the end of my production of my first documentary. And
I'm looking into clearing some songs to include in the festival
release. I'd like to get a Guster song (smaller band on the Warner
label) and I'd like the rights to cover a Talking Heads song, not
one of their big hits. (I've already got a band working on it.)

Does anybody have any experience doing this? I've read that it's
very diffucult to do, and it's easier to go through a music
clearance company. Does anybody have any advice on how to go about
this? Any music clearance company recommendations? Any guess at
how much this will cost me? I've got an extremely small budget.

Thanks guys.

Doug Block
Thu 30 Mar 2006Link
ross, it's tricky stuff and i'd consult an entertainment lawyer. most
do a free consult with the first call. a d-word member, denise ohio,
wrote a good article about music clearances:
http://www.holytoledo.com/clear_music.htm

Ross Williams
Fri 31 Mar 2006Link
Thanks Doug, this was the sort of site I've been looking for but
have been unable to find. And now that I've read it, man... what a
pain in the ass.

Doug Block
Fri 31 Mar 2006Link
you mean you thought making docs was EASY???

Ross Williams
Fri 31 Mar 2006Link
Never thought it was easy. But I enjoy the creative part of it.
This legal stuff makes my mind go numb. It's something I'm doing
completely on my own. So I'm just taking it kind of slow, learning
as I go, making sure I get it right the first time. Next time
around it'll be easier cause I'll have much better idea of what I'm
doing. And hopefully I'll have some partners to help me out.

Steve Holmes
Fri 31 Mar 2006Link
Ross: From the website of entertainment lawyer Mark Litwak:
http://www.marklitwak.com/faq/music.html. Do a search on his home
page for "music" and you might get some other answers. Good luck!

Cliff Knopnik
Tue 11 Apr 2006Link
Hi,

Can any Pros help point me into the right direction?

I'm planning out (writing script, gathering resources, etc.) a
documentary/drama and am interested in finding resources on what you
can / can't include in documentaries from existing works, and how to
go about purchasing licenses for copyrighted works. For example: How
do you include a news clip about current news? How do you get the
rights to include a clip from an old John Wayne movie, etc.

Thanks in advance for the help!

Cliff

Steve Holmes
Tue 11 Apr 2006Link
Cliff: It's a tricky area. You're wise to tread carefully. There's a
concept of "fair use" which says you can use *limited* copyrighted
material, if certain conditions are met, in a new work. Those
conditions include how big a percentage the copyrighted stuff will
be in the new project, how the use will affect the market for the
material you include and whether you're likely to make any money off
of the new work (as a doc maker, the answer to that last question is
probably "no").

It is a grey area. Your best bet is to hire an attorney who's
familiar with the subject. Lawyers for the Creative Arts does pro-
bono work, I believe. Other than that, check the U.S. Copyright
Office's page on fair use (http://www.copyright.gov/fls/fl102.html),
the Cornell Law School page
(http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107
----000-.html) or see if entertainment lawyer Mark Litwak has
information on his site (http://www.marklitwak.com/resources/). As
the Copyright Office says, your safest bet is to get the OK from the
copyright owner, which generally isn't hard if it's a local station.
A John Wayne movie would be tougher.

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