Legal advice about documentary copyright

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  • Legal advice about documentary copyright

    hello everyone,

    I would like to make a documentary out of a book I'm reading. The book is a an essay, not a novel.

    There are no charachters, no plot in the classical sense of the word.


    But the essay itself is based upon a concept, an idea which really is (or may be: I have not searched enough yet) really original and quite innovative.


    The book quotes and describes many scientific experiments and test you may find elsewhere.. but when it comes to the underlying thesis of it all, I am afraid I'll have to "admit" it's all been taken from that..

    what's your opinion on that?

    thanks

  • #2
    Re: legal advice about documentary copyright

    I'm afraid I am in no position to give you legal advice. It's a little hard to figure out what you mean by a concept. You should probably check with a lawyer.

    But have you approached the author about optioning the material? That may be the most direct way to go about it.

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    • #3
      Re: Legal advice about documentary copyright

      it's not a bad idea.

      But I don't think I could afford it ..

      let me gather some more information about the processo of optioning a work..


      thanks

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      • #4
        Re: Legal advice about documentary copyright

        the bottom line in the United States is that any work of art (and that includes non-fiction, essays) fixed in a tangible form is protected by copyright. assuming its a federally-registered work, it is protected from unauthorized copying by others such that infringement entitles the copyright holder to bring a federal lawsuit against the alleged infringer. if you are using the protected work as the basis for your own work without permission, yes that's a potential infringement

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        • #5
          Re: Legal advice about documentary copyright

          I just finished a feature documentary and have spent many hours with a lawyer on this subject. Documentaries have some flexibility on copyright under Fair Use, but you have to follow it carefully. This link should help.

          The concept is most likely protected by the author under US copyright laws and you cannot just create an entire documentary about the idea, unless you are discussing the subject from all perspectives and the theory is one of many.

          It can be tricky based on the specific subject. For example, if the idea is about time travel, the subject of time travel is fair game, but you cannot just place pictures of people's time travel machines without clearing it. You can talk about the person who has created the machine, but the minute you show the design or share information that is protected under copyright (how the machine is made) you have crossed the line.

          I hope this helps some. It is complicated and unfortunately fair use seems to be narrowing more and more.
          Never mistake motion for action. ~Ernest Hemingway

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          • #6
            Re: Legal advice about documentary copyright

            Originally posted by Bellabell View Post
            I just finished a feature documentary and have spent many hours with a lawyer on this subject. Documentaries have some flexibility on copyright under Fair Use, but you have to follow it carefully. This link should help.

            The concept is most likely protected by the author under US copyright laws and you cannot just create an entire documentary about the idea, unless you are discussing the subject from all perspectives and the theory is one of many.

            It can be tricky based on the specific subject. For example, if the idea is about time travel, the subject of time travel is fair game, but you cannot just place pictures of people's time travel machines without clearing it. You can talk about the person who has created the machine, but the minute you show the design or share information that is protected under copyright (how the machine is made) you have crossed the line.

            I hope this helps some. It is complicated and unfortunately fair use seems to be narrowing more and more.
            thanks for the document you posted. I have read it, but I am afraid that is not my case..

            most of us love chocolate, right?

            suppose you wrote a book about the reason why we love it.

            say we love chocolate because it reminds us of when we were young and innocent ..

            now what I want to do is a documentary sepcifically on that thesis..

            so It's not just a short quote or a passage...

            I think the best solution now would be speking to the author himself

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            • #7
              Re: Legal advice about documentary copyright

              Originally posted by diego80 View Post
              what's your opinion on that?
              My opinion - and I'm not being flippant - is that you absolutely need to take all the specific details of your proposed project to an entertainment attorney and get professional legal advice.
              "Friends make the worst enemies." Frank Underwood

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