Legal Question in Entertainment Law in West Virginia

Re: What do I legally need to make and distribute a homemade video

You question is much too vague.

As to copyright, when making a video similar to another, you may copy the general idea or theme, but not the particular creative artistic expression of that idea. This is very fact intensive. Also, a copyright carries with it the right to make derivatives of the copyrighted work, so you need to avoid comparisons that might imply any derivation of artistic creativity from the "similar" work.

As to licensing, you need to register your copyright, as that is a prerequisite to enforcement, and if you cannot enforce you cannot license. Also, you need to be sure you own the copyright before you license as otherwise you are in effect selling what you do not have. Unless you are very experienced in licensing you need a lawyer to assist you in licensing. You can do some preliminary licensing discussions on your own, but do not settle on anything specific or make any irreversible commitments unless you have approval of a competent copyright lawyer.

Good Luck.

Re: What do I legally need to make and distribute a homemade video

At the outset, you need to avoid using an infringing screenplay -- i.e., dialogue and sequences. The overall plot can be similar, but make sure that your execution is your own interpretation of it.

You need contracts with everyone appearing in the film to ensure that they have given you the right to include their images. You need rights assignments from all photographers to make sure that all copyright vests in you/the production company. And watch out for unauthorized inclusion of trademarked articles in the film.

Finally, you need to register the completed work with the US Copyright Office. Distribution of the film would be under license. You need to engage competent entertainment counsel for that stage at minimum; if your budget allows it, better to hire one before production.

Best wishes,

LDWG