Gordon Firemark is an attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television, and music.
His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry.
This is the first
live, call-in podcast to clear the air on legal
issues for filmmakers and videographers who are
looking for answers to questions related to starting
a production business, copyright issues, contracts,
intellectual property and distribution.
Questions
answered:
David asks: Close to our small town in Missouri is a state park in which a Civil War battle took place at a Union fort. Only the foundation remains today but the state of Missouri has set up a visitors center at the site. Every 3 years an organization stages a Civil War battle re-enactment with calvary, infantry, and canons from both sides in a mock battle. It is a fairly large public event drawing onlookers from around the country. There is no admission of fee charged and is free to the public. Many people bring video and photography cameras and shoot the event. Nobody questions them. Is it legal to take any of these shots and use them without permission? The local chamber of commerce wants me to incorporate some of my shots into an online promotional video for the area. Is this considered a public area and am I free to use these legally or do I need to contact the organization that sponsors the event? Even though I took the shots, do they have legal rights to these shots and their use or can I safely proceed without their permission?
Erica asks: I own many short, independent films on DVD. Does this mean I own the copyright too and can do whatever I wish with them?
Jessie asks: We secured a verbal deal with a stock footage house to use some of their footage in our video. What is the best way to proceed to ensure we don't infringe on any copyrights? I know we have to establish a film clip license equipment but they said no. What do you say and what would you recommend?
4. Rodney asks: all this talk about copyright and nothing on how to actually write a copyright notice on your film. Is the "C" good enough or is it required to have anything additional to be legal? Major motion pictures have at least 2 or 3 paragraphs in their notices. Also, could you touch upon what is NOT protected under U.S. copyright laws?
Tyrone asks: as the owner of a startup production company just hiring new employees, what are my responsibilities as an employer? Some of my camera people are asking for overtime and I'm telling them they are exempt by law to receiving overtime. Any info is appreciated.
Alise asks: our production company hired a new 7 year old actor. The parents are now telling us that we need an on-set teacher and a nurse if their child is going to go beyond an 8 hour day during the weekdays. They demand a nurse in case the child gets sick. Is this so? is this a requirement by law?
Jason asks: Last week you mentioned the steps taken to protect a a copyright. Nothing was mentioned about the Chain of Title. Can you go into details on this?
Harold asks: What is the procedure for checking on who owns a copyright. Where do I look?
Gordon Firemark is an attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television, and music.
David asks: Close to our small town in Missouri is a state park in which a Civil War battle took place at a Union fort. Only the foundation remains today but the state of Missouri has set up a visitors center at the site. Every 3 years an organization stages a Civil War battle re-enactment with calvary, infantry, and canons from both sides in a mock battle. It is a fairly large public event drawing onlookers from around the country. There is no admission of fee charged and is free to the public. Many people bring video and photography cameras and shoot the event. Nobody questions them. Is it legal to take any of these shots and use them without permission? The local chamber of commerce wants me to incorporate some of my shots into an online promotional video for the area. Is this considered a public area and am I free to use these legally or do I need to contact the organization that sponsors the event? Even though I took the shots, do they have legal rights to these shots and their use or can I safely proceed without their permission?
