Legal Question in Entertainment Law in California
Documentary and Privacy/Copyright Issues
Hello,
I am currently in production on a documentary about a
famous deceased musician. I know that in order to use
the music I would have to deal with the person's estate
for permission. But how far do I have to go to seek
permission? Can I use the person's image from
newspapers(that I get permission from) without the
permission from the estate(granted I am not engaging
in libel/slander)?
I know the question is whether I will be making money
from the film, but what if they are not willing to let me
use the person's image? Is that a violation of the 1st
Amendment?
2 Answers from Attorneys
Re: Documentary and Privacy/Copyright Issues
The estate does not necessarily own the rights to the music. You need a synchronization license from the Harry Fox Agency. As to the rest of the project, you may be on the cusp between the "right of publicity" and "fair use." The pre-eminent Los Angeles-area attorney in the field of the "right of publicity," believe it or not, is Bela Lugosi III. Hire him.
Re: Documentary and Privacy/Copyright Issues
You can get clearances from the Harry Fox Agency for the music. As to the image of a public person, you should have no problem.
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