Legal Question in Business Law in California

Business Law - Regarding filming....

Hello. I recently put together a short film. I plan on publishing this film and selling it.

I filmed on a company boat and the film showed the company-owned boat in some of the shots. However, I never officially got permission from the company to film the boat.

Also, I mentioned a special thanks to the company name at the end of the film.

Also, in the film, I show various people standing on the deck of the boat, including kids. Again, I never got official permission from everyone showed in the shots.

My question is: Is it legal for me to sell this film the way it is now or do I need to get permission from the company to show shots of their boats? Also, do I need to get permission from everyone standing on the deck of the boat or are they considered in a public spot?

I appreciate your help. I look forward to your response.

Thank you.


Asked on 4/18/09, 3:56 pm

1 Answer from Attorneys
Timothy J. Walton Internet Attorney

Re: Business Law - Regarding filming....

Like so many things, the short answer to your question is: "it depends."

Whether you need permission from persons or owners of property in the film can depend upon the nature of the film (whether documentary or scripted fiction), the manner in which you market or sell the film, and the light in which you portray the persons or property.

The "Borat" film resulted in numerous lawsuits, and it was released by a major studio that was happy it was a financial success. A small film that is not going to gross $100 million may be more adversely affected by even one lawsuit.

Contact an attorney *now*, before attempting to sell the film, to make sure that you are proceeding correctly. If you need to get permission from someone, your attorney may be able help to secure that permission, and if you do not need permission, you should be able to get a statement from your attorney in writing that states as much.

Read more
Answered on 4/21/09, 11:29 am


Related Questions & Answers

More Business Law questions and answers in California