During post-production Fadiman often finds that she needs two other kinds of permission: archival footage and copyrighted media.
Ken Rotcop, screenwriter and author of “The Perfect Pitch,” knows a lot about getting permission to use copyrighted media. Rotcop has been conducting an ongoing writer’s workshop for the past 24 years, and his current roster includes over 200 writers worldwide. When I asked him if he had any stories about permissions, he said;
“I have lost count of how many of our writers have tried to get the rights to books and turn them into screenplays. In 100% of the cases, where a book is five or more years old, we have been able to get the rights free!”
“In order to get these rights we start by contacting the publisher to see if they own ALL SUBSIDIARY RIGHTS to the book. If they do, we leave them our name and phone number and ask them to have the author contact us. Every author has given our writers a one-year free option.”
“If the publisher does NOT have subsidiary rights, the writer must ask for the author’s agent. The writer must then contact the agent and again, give him his information so that the author may call or email the writer.”
While researching this article one of the things that I learned is that the whole area of releases is complicated, and on top of that, the laws change! The only thing that seems to remain true is that whenever you shoot without a release, you run the risk of legal problems and damages if you ever try to broadcast, sell, or distribute the footage.
In my own photography, writing, and filmmaking I always err on the side of caution, and ask for the release. If someone is hesitant, or does not want to give me a release—for any reason—I smile, thank them for their time, and walk away.
Talk to an entertainment lawyer before filming begins
What this all comes down to is this: Talk to an entertainment lawyer before filming begins.
My suggestion is that you prepare for the meeting by reading the Pocket Lawyer for Filmmakers. Then make a list of questions, and bring them with you to the meeting. During the meeting find out which releases and permissions you will need, and ask about any other legal exposure you might face: Before, during and after filming.
This may seem like overkill, and maybe it is. But when you win the Audience Award at Sundance, and Miramax asks you to sign a distribution deal—admittedly a long shot but it could happen—then the money and time you spent finding and talking to an entertainment lawyer could very well turn out to be the best money you spent on the entire production.
