For Independent Filmmakers
Welcome
Our Independent Filmmaker pages are loosely organized in the chronological order of legal and business matters you might face throughout your project -- from treatment to final cut. Please help us improve our site. If you notice an error or have a suggestion for a link or additional information, please contact us.
THIS WEB SITE HAS BEEN PREPARED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE OR A LEGAL OPINION. ONLY YOUR ATTORNEY CAN ADVISE YOU ABOUT WHICH LAWS ARE APPLICABLE TO YOUR SPECIFIC SITUATION.
On Location
Do you remember when your high school English teacher said the main character in Huckleberry Finn is the Mississippi River? Locations are oftentimes leading players in films.
You should be aware of the laws governing invasion of privacy and that, usually, permission is required to film on private property, and that using a location agreement is highly recommended.
The location process also may include getting a permit to film on public property. And you may be required to provide proof of insurance.
In some cases, you will not need permission or a release. For example, there is an exception in the copyright law that applies to buildings that are located in or are ordinarily visible from a public place. The copyright in an architectural work does not include the right to prevent the making, distribution or public display of pictures, paintings, photographs or other pictorial representations. But it is important to note that some distinctive buildings (or their signage) have trademark protection and that public art, such as sculpture and murals, are protected by copyright.
Just because you have been given permission to shoot on location you are not free to film everything within view. If you are making a narrative film (and not a documentary that would allow you to claim fair use), you will need clearance to show props, setting dressing or other materials that are protected by copyright.
Examples include items such as paintings, posters, and anything playing on a radio, television or computer. You should also seek permission to use logos, product labels or anything else that is protected by trademark. Otherwise you could run into legal trouble, especially if the use could be considered controversial or damaging to the trademark owner’s reputation. If you cannot obtain clearance, we suggest that you do not use the item in your film. For guidance, see our advice on getting permission.
Finally, in this section, we include some information about working with animals.
