Q: When a writer sells the rights to his script to a production company, I understand that the writer no longer has the right to option his script to other production companies, even if he receives a better offer. That being said, does the writer lose all creative control once he signs his name on [...]

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A woman named Regina Kimbell sued comedian and actor Chris Rock, HBO Films, and others in federal court in Los Angeles last week, claiming that Rock’s new documentary Good Hair copies her 2006 documentary My Nappy Roots. Kimbell seeks $5 million in damages and an injunction preventing the defendants from distributing and showing Good Hair [...]

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Q: I’m a recent college graduate who made a student film that used clips from movies and music that may be copyrighted, not thinking that it would go anywhere. It ended up gathering good buzz at the school and among the professors, who suggested submitting it into film festivals. What are the copyright laws for [...]

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Q: There’s quite a lot of information that leads me to believe I should create an LLC before I undertake a documentary project. Since I am the only person who is involved on the production end, is this highly necessary?
I’m asking any on-screen interviewees to sign release forms and I’m also obtaining signed release forms [...]

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Q: In shooting promotional/marketing or educational/instructional videos, my clients often seem confused about who owns the raw footage and who owns the finished piece when the project is complete. My understanding is that the clients own the finished piece that I was contracted to produce, but I reserve the rights to the master, raw footage [...]

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Q: A screenwriter and I signed a non-disclosure/non-circumvent agreement in late 2007 with the intention to make a movie together, myself serving as producer and bringing $6 million for the budget.
I found an overseas investor, the writer got paid WGA scale ($125,000 plus 14 percent) and as soon as the writer signed the deal with [...]

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Q: I am currently developing a documentary about life in a Section 8 apartment complex in our neighborhood. Beyond obvious things like releases from those who appear on camera, what other legal issues (short of defamatory issues) should I consider? For example, do I need permission from the apartment complex owner to film a tenant [...]

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Q: We’ve shot 75 percent of our movie and in every scene our main character has been wearing a T-shirt with a Poland Spring logo on it. Do we need to do anything? Contact Poland Spring? Blur it out?
A: As with many legal questions, there is a short answer (“Probably not”) and a long answer [...]

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Q: Does every single person who appears on camera need to sign a release?
A: You should obtain a release, at the very least, if someone has a speaking part or substantial screen time in your film. You don’t have to obtain releases from every single extra in the film, but releases are a very good [...]

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The final remaining lawsuit against the makers of the film Borat by persons who appeared in the film was dismissed last week by Judge Loretta Preska of the United States District Court, Southern District of New York.
 
In ruling upon the Defendants’ 12(b)(6) motion to dismiss, Judge Preska held that the plaintiffs had waived any of [...]

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