Legal Question in Intellectual Property in California

Write to the production company and ask for permission.

Your question raises two separate issues. The first is whether the production violated any of your rights (privacy, etc.). Of course, if it was done with your express or implied permission, you'd have (probably) waived any privacy concerns. The other question as to whether you can re-publish is easy - the copyright belongs to the folks that produced the special, and you'll need their permission to re-use it, even though you are its main theme.

I agree with the attorney's above. Talk to the production company to see if they will allow you to re-use it. Additionally, if you have any agreements with them pertaining to you being apart of the video, you may want to review it as it may have a clause in there discussing this situation.

Jim Betinol

Attorney, Partner

Withrow and Betinol Law

Intellectual Property, Business, and Contracts

[email protected]

(t) (424) 229-2560

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

Your question raises an issue that should have been negotiated when you first agreed to allow the producer access to your work for a documentary. If you had a competent attorney representing you, it should have been addressed in the written agreement, so check there.

If you didn't seek counsel before agreeing to let the production company use your work, or don't have a written agreement, it is up to the filmmaker's discretion whether he permits you access/use of film clips.