----- Original Message -----
From: Mike Boom
To: [email protected]
Sent: Monday, June 20, 2005 11:27 AM
Subject: Re: [AP] permission to videotape
Gavyn, where would shooting for a book or movie fall? Editorial or
commercial? If, for example, you're filming for a documentary movie that
will be shown in theaters where they sell tickets, is that considered
editorial or commercial use? What if that same movie was a drama that was
fiction?
Thanks,
Mike Boom
--Can I jump in for a sec?
In a dramatic "photoplay" (movie) one is using the "actor's" likeness for the
purpose of profit, and the commercial focus is on the likeness of the "actor",
so therefore if you are going to use that person's likeness the way that you
would an actor, they deserve to be compensated as such, and that is the grounds
on which they would sue you, because if you use their likeness for the purpose
of profit (i.e., the "film" would not sell were it not that the likeness was
shown))and they are NOT compensated, it is considered "theft of services", the
service being the use of their likeness.
In a documentary, one is DOCUMENTING something, a situation, a "happening",
an event, a problem, etc, and the commercial focus would be that which is
described above.
Unless of course the documentary happens to BE that person themselves, which
is an area where MY own knowledge starts to get muddied and I believe so does
the law....
Naturally all the laws regarding "privacy" come into play as well....you
cannot proceed onto a subject's private property to shoot your documentary
without the permission of the subject.
Jeffery Haas
freelance shooter and editor
Dallas
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