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Lisa
Callif,
named
by
Variety
as
one
of
The
Best
and
The
Brightest
(2011),
is
an
entertainment
attorney
at
Donaldson
+
Callif
whose
primary
focus
is
on
representing
independent
filmmakers
in
all
aspects
of
moviemaking,
including
development,
production
and
distribution.
As
part
of
her
practice,
Lisa
does
a
significant
amount
of
clearance
work
for
documentaries,
having
worked
on
acclaimed
docs
such
as
The
Invisible
War,
Inside
Job,
How
to
Die
In
Oregon,
Waiting
for
Superman,
The
Most
Dangerous
Man
in
America:
Daniel
Ellsberg
and
the
Pentagon
Papers,
Bigger,
Stronger,
Faster
The
Side
Effects
of
Being
American
and
This
Film
Is
Not
Yet
Rated.
Im
a
writer/director.
What
are
the
best
ways
that
I
can
protect
my
project
before
I
start
pitching
to
production
companies?
It
might
sound
counter-intuitive,
but
the
best
way
to
protect
your
project
is
to
develop
it
as
much
as
you
can
before
pitching
it.
Dont
pitch
an
idea.
Ideas
arent
copyrightable
and
as
we
have
probably
all
experienced,
if
you
have
a
great
idea,
there
are
probably
one
or
three
or
20
other
people
with
that
same
idea.
What
is
protectable
and
probably
unique
to
you
is
the
expression
of
that
idea.
If
you
are
only
at
a
treatment
stage,
make
sure
your
treatment
is
fully
developed;
give
the
characters
backgrounds
and
identities,
develop
locations
and
make
sure
the
story
is
complete
with
a
beginning,
middle
and
an
end.
If
youre
pitching
a
series,
have
a
per-episode
breakdown,
with
character
arcs,
detailed
storylines
and
other
creative
expressions
that
are
protectable.
Its
much
harder
for
someone
to
steal
your
work
if
it
is
fully
developed.
And
why
would
they?
Youve
already
done
a
lot
of
the
work.
Its
much
cheaper
for
them
to
hire
you,
or
at
least
buy
your
project,
rather
than
risk
a
lawsuit.
Of
course,
you
should
register
treatments,
outlines
and
scripts
with
the
Writers
Guild
of
America
and
register
completed
scripts
with
the
US
Copyright
Office.
I
highly
recommend
you
do
so;
however,
those
registrations
only
protect
you
in
the
event
of
a
dispute.
To
help
ensure
you
dont
get
to
the
dispute
phase
of
things,
do
a
lot
of
good
work
before
you
pitch.
Oh,
and
make
sure
you
trust
the
folks
you
are
sending
your
materials
to.
Keep
good
records
of
who
you
send
it
to
and
everybody
in
any
meeting
you
have
about
your
project.
When
shooting
recognizable
places
or
products,
what
kinds
of
written
permission
should
I
acquire
beforehand?
This
is
an
issue
of
trademark
law.
Briefly,
trademark
laws
were
developed
to
protect
consumers
from
being
confused
about
the
source
of
origin
(where
the
product
or
service
comes
from).
Lets
look
at
an
example
Coke.
We
all
know
what
Coke
is.
We
know
what
it
tastes
like.
We
can
picture
the
red
and
white
can
in
our
heads.
We
may
even
know
the
ingredients
(if
youre
an
obsessive
label
reader,
like
I
am).
TM
law
makes
it
illegal
for
another
company
to
come
along,
create
that
same
look
and
put
their
own
beverage
in
that
can.
That
would
confuse
the
consumer.
The
consumer
would
buy
the
Coke
look-a-like,
think
it
was
a
Coke
and
get
lemonade.
Not
cool.
So,
using
that
information
as
our
foundation
for
this
question,
shooting
a
building
front
or
a
name
of
a
store
or
a
brand
or
logo,
is
okay,
so
long
as
the
following
criteria
are
met:
(i)
the
place
or
product
shot
is
portrayed
in
the
manner
it
is
commonly
portrayed;
and
(ii)
the
audience
is
not
led
to
believe
that
the
brand
or
store
is
sponsoring
or
associated
with
your
film.
If
you
are
shooting
in
a
supermarket
and
youre
in
the
canned
food
aisle
and
you
shoot
Green
Giant
veggies
and
Campbells
Soup
thats
okay.
No
permission
required.
If
you
are
shooting
Rodeo
Drive
and
you
catch
the
http://bit.ly/1bOyQ3X
storefronts of Gucci, Prada, Hugo Boss and Bottega Veneta thats also okay. No permission required. Whats not okay is if you shoot in the canned food aisle and your actor picks up a can of Green Giant green beans and there is blood oozing out of the can. You dont want to harm or tarnish the mark in any way. That is where you would get into trouble. Its also not okay to trick the viewer into thinking Prada is associated with your film by using the storefront as the sole image on the cover of your DVD. Keep in mind that many producers do not want to put brands in their films because they want to get a product placement fee for doing so. This is not a legal reason, its a business one. Big studios also have policies about the use of products in productions, but these are business/policy reasons and not necessarily legal. Additionally, brands can be sensitive and may not be happy with being used in a film if they dont like the message or how they are being portrayed. However, if you keep within the confines of the above, the brand owner might be upset, but wont have a valid claim. I have a valid location release to shoot in a subjects home. Do I still need to worry about getting releases to photograph copyrighted materials in their home? This is a great question. The current state of the law is that you do need to get releases to photograph the artwork and other copyrighted materials in the home. When the owner of the artwork purchased the piece, he purchased the right to display the artwork in his home, but not to make copies of it. A video recording of the artwork is a copy, so before shooting, make sure that all artwork on the walls is clearable or replace it with something that is. As for book covers and magazines, you can shoot those without getting permission, so long as they are not the focus of a scene and merely used as set dressing. Im creating a Kickstarter campaign for my project. Do I have to license the music I plan to use for the campaign video? Many people think they dont have to clear music in a campaign video or teaser because the film isnt being sold or commercially distributed. Thats not the case. The act of copyright infringement is making the copy. Its not the selling of or profiting off of the copy. Once you make the copy of the song to put in your video, without permission, the act of copyright infringement has occurred. So the answer to the question is, yes, you need to license the music. That being said, the risk of being sued is relatively low and if a copyright owner gets wind of the fact that youre using the music without permission, you can always take it down. However, keep in mind that a copyright holder can take action against you even if you havent made any money. Copyright law has what is called statutory damages so the copyright owner doesnt have to prove actual damages. The court can award damages between $750 and $150,000 depending on the level of egregiousness of the infringement.
http://bit.ly/1bOyQ3X