I have worked on films, documentaries, and commercial work, as well as some non-profit stuff. My rule is that if I am making any money from the project - either as an employee or to market later - it is considered commercial work. This is what I learned in media law, and it seems like a great rule of thumb. Probably too literal, but you really can't be too safe where lawyers are concerned.
Do with that what you will! --- "Jeffery J. Haas" <[EMAIL PROTECTED]> wrote: > > ----- 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 > > > [Non-text portions of this message have been > removed] > > __________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/Adobe-Premiere/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
