Legal Question in Intellectual Property in

Residual talent fees due if ad used in documentary subject on the web?

I'm producing a short documentary (for a media review programme which is TV-broadcast 1 time only, and webcast indefinitely) on a series of adverts for a single product. These ads, shot over many years, will be analysed for their filmic qualities, themes, and style in the documentary. The ad agency who produced the ads is afraid that if the documentary is shown on the web, then they will be liable for additional talent fees. PLEASE back me up : as we are using extracts of the ads for reportage purposes, talent fees and amount of time it'll be shown on the web are completely irrelevant! Isn't that so?

Cheers; thank you.


Asked on 6/15/00, 11:32 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Residual talent fees due if ad used in documentary subject on the web?

I'm sorry, but I don't know and I don't know anyone who does.

Publishing on the web is a new medium. Even though you may be using only "fair use" film feet, an artist's first appearance on the web could entitle him to a new string of royalities depending upon his original agreement and a court's interpretation.

Bottom line, if you chose to proceed you may get the chance to settle this area of law for the rest of us who at present are unable to predict.

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Answered on 8/18/00, 9:47 am


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