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?


Asked on 3/24/04, 3:42 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 3/24/04, 4:01 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

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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Answered on 3/24/04, 5:38 pm


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