V48HOURS 2010 – A Furious Filmmaking Competition

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COPYRIGHT AND OTHER LEGAL MUMBO JUMBO

Q. Can I have a TV Show visible in the background of my film?
A. No you cannot.

Q. Can I have a cool scene in a car where everyone is listening to Depeche Mode and smiling?
A. No you cannot (see Music FAQ)

Q. Can I secretly film Mike Hosking at a cafe?
A. Not without a release form.

Q. Even though he's in public wolfing down a jelly donut?
A. Yes, even if he is doing that in public.

Q. Can I use soundbites of famous people taken off the net? A: No. Unless you have clearance. Or the material is public domain.

Q. What is public domain footage in regards to audio and visual recordings? A: The public domain is a range of abstract materials commonly referred to as intellectual property which are not owned or controlled by anyone. The term indicates that these materials are therefore "public property", and available for anyone to use for any purpose.

Q. Is there public liability included in our fee for V48HOURS? A. No there isn't. V48HOURS is covered by its own insurance in case anyone attempts to sue us for your bad behaviour. Shooting what is a home movie does not require you to get Public Liability. Make sure you notify your council about where you plan to shoot. They only want to be kept in the loop. If you're planning on doing anything that involves alot of vehicles, generators, big rigs, lighting, high voltage anything - stuff that could be hazardous - then yes. Ask about insurance.

Q. Do we have to hide or blur every brand that is copyrighted and owned by a company with a legal team on standby.
A. You are always supposed to get clearance for any copyrighted imagery in your film. However, as long as you're not insulting the brand, i.e puking inside a well known fast food joint; you should be okay. Usually best to play it safe or use our wonderful sponsors, they're always happy to oblige.

Q: The rules mention that I need release forms, what are they and why do I need them and where can I get them?
A: Release forms are documents which state that people have agreed to be in your short, or they have agreed to let you use their building in your short, or that they have agreed to let you use their music in your short etc. Basically it's an agreement to ensure that you aren't filming them without their knowledge or using footage of them without their consent. You can download the release forms here.

Q: Wait, so I need a release form for EVERYONE in my film? What if it's just someone walking past on the street?
A: Technically - yes. However, on a practical level, if you are shooting in a public place and people are walking past and they can't be recognised, then don't get too fussed. The rule of thumb is if you can easily identify someone and there's a chance they might not like being in your film, then get them to sign a waiver.

Q. Will I have to bring all these release forms in with me when I hand the film in?
A. This year everything will be done online. To be eco friendly, you'll still need to keep your master copies but this year you'll simply tick a box on the Online Wrap Up, that confirms that you have the necessary release forms for your film. If you don't do this, then we can't accept your film.

Q. Okay finally, what can and can't we do with mocking/imitating/copying other motion pictures in V48HOURS?
A. Well the long answer is...

The Copyright Act 1994 permits certain acts being performed in relation to copyrightable works. Pertinently to the case of Parody is s42 Criticism, review and news reporting, in particular sub section (1) which deals with Fair dealing.

Parody presents a particular problem for copyright law. While parody is acknowledged as a culturally appropriate way to criticise the worth of a particular work, as well as criticising the philosophy behind a particular work and society in general, parody doesn't fit easily within the framework of s42.

Parodies can affect the market for originals in essentially in 2 ways: Firstly, the criticism of a work can garrotte the original thus destroying it commercially as well as artistically. Secondly, the work may replace the original in the market or a derivative market.

Notwithstanding, it is the context and the critical content of the parody that may make all the difference in determining possible infringement of copyright. There is no humour defence for copyright infringement, as relates to parody only s42.

Some suggestions in order to minimise the risk of copyright infringement and by doing so stay within a margin of safety:

Be careful to ensure that the purpose of the parody is to criticise. The parody should try and make a social commentary which is at least in part directed to the subject matter of the original film (and usually done in an humorous way) and done so in such a way as to not likely hurt the value of the original film. Use the original film to get your message away in a constructive way. Don't take more from the original film than is necessary to make your point.In essence the criticism of ideas prevalent in society seems to be sufficient so as to pass the copyright test.

MORAL RIGHTS

Not only is there is a clash however with the economic rights of the copyright owner, but also a potential clash with the moral rights of the original creator (that being the right of such creator to object to a derogatory treatment of their work). One needs to be weary of this and take a commonsense approach to what work they are parodying and what is a proper and constructive way to do so.