Reasoning of the Law

I feel that all my questions were answered to a great extent. I think he was very straight forward made easy for me to understand how everything works. Now I know I can always come to him whenever I have any legal questions.” One of the major challenges for legal institutions in regulating copyrights is simply that modern intellectual property is so easy to copy. Many consumers are in the habit of violating the law by downloading copyrighted material—music, movies and books—for free.”

1. Are there any legal problems with using a specific product in my film?

If you use a product positively in a film for the purpose it was intended for there should be no problems you don't have to use generic labeled products. Although problems can arise if you show a product in a bad light the company that produces it may not be too happy with you. This may constitute what is called “defamation “of a product.

2. Can I use a song or other copyrighted work in my film?
If you are planning to use copyrighted material in your film, you will either need to get permission from the copyright holder, or substantially change it to the point where it is not recognizable from the original source (which kind of defeats the purpose of using it anyway).

3. Do I need to get the rights to music used in my film if I’m not charging people to view it?

In short the answer is yes, Copyright law prevents distribution and public performance of protected works, regardless of whether money changes hands or not. It's the public performance aspect, not the money which causes problems with copyright. If you do not hold the necessary rights for music used in your film, then you cannot show it to anyone in a public environment.

4. How do I “copyright” my company's name?
It’s possible to register your business with a state or national government authority. Business names can only be registered if they are significantly different from any other name that exists in the authority's database.  Registering your business offers some form of name protection. You should however, be aware that this protection only exists for the authority you register your business with. It does not protect your name from being registered with a different authority.  If you want that level of protection, you need to register your business with the relevant authority in each territory you would like protection for.

5. Do I need permission to use my actor’s image in my own films? What if they’re underage?

Yes, you must get each person who is identifiable in your film to sign a release allowing you to use their image in the film. You will need a personal release from the children’s parents or legal guardian; the personal release should provide you all the rights to the film. You will also need to ensure that the child has obtained an entertainment work permit through the state department, and meets all the educational requirements of the state during the film.

6. Do I need any permission if a famous quote or phrase is said in my film?

Anything that’s in your film and is not created by you or your public domain will have to be cleared before your film can be distributed or sold

7. Do I need permission to film in public places? Would that cause problems with people that don’t want to be filmed?

If you are shooting on location, always carry some blank releases with you. It's best to try and avoid getting members of the public in your shots, but if it's unavoidable, it's worth trying to get them to sign a release. Generally, as long as the images of people aren’t offensive, defamatory or unreasonably invade their privacy; you don’t have to get every person in the crowd to sign a release. Some public places may require permission.

8. Do I need to inform the authorities if I happen to use weapons ( for example guns ) in my film?

In most places you are unlikely to find a law which requires filmmakers to notify the local police if they are shooting scenes in public which involve fake guns it is usually a good idea to get them involved.

9. What can I do if my company’s name is used by and established company?

This would be considered a trademark infringement. There are several types of issues that may occur the best thing you could do is to change your company name and make sure it’s available for your company.

10.  How do I get the rights to adapt a book into a screenplay?
You would need to find out whether the motion picture and associated rights are available for the work you want to adapt you would then need to get a hold of the publisher Basically, with an option you can get your script written, and look for production finance, or try and sell it, without having to worry about someone else taking it.