Legal Question in Entertainment Law in New York
Selling film without actor's release
I am working with a filmmaker who shot a low-budget independent ''underground'' film in the late 1960s, that hardly anybody has ever seen. He never got any kind of signed release from any of the actors, and now he wants to transfer the film to videotape and sell copies to the public. At this point, most of the actors are either dead, or probably wouldn't care if the film is released publicly, but one of them, who was 16 and unknown at the time, is now a fairly well-known actress. Since we don't have a signed release from her (and probably cannot get one from her at this point), can she sue us for right of publicity (or something else)? One other issue is copyright - the filmmaker never registered the copyright (the film was shot in 1967), but since the film was never ''published'' (according to US Copyright Office definition of ''publish''), can he still register the copyright now in 2003? Are there any other legal issues we should be concerned about with distributing this film to the public?
1 Answer from Attorneys
Re: Selling film without actor's release
Your questions all have many possible answers dependant upon several factors, and can only be accurately answered based upon a review of the film and several other factors.
In New York, as in most states, there is a statute that governs the use of a persons name, picture or likeness in trade or advertising (in NY, it is Civil Rights Law sections 50 & 51). This would include most commercially released films. New York�s statute states that this use can only be undertaken if the person has given written consent. If the person is a minor, then their guardian must give written consent. The only exception to this is if the material is �newsworthy.� This is an analysis that requires more explaining than can be set forth in this forum. Plus, without seeing the work, any analysis would be meaningless.
As to the copyright, this is also a difficult question. First, you should know that the copyright laws underwent a major revision in 1978. Thus, a comparison of the old code versus the new code must be undertaken. There is also a significant question as to whether the work is �published.� You have shown the work to some people. The context of these showings will determine whether the work is published, and will impact upon the determination of which code applies.
You can always register the work. However, the mechanics of the registration will all be affected by the answer to all of the issues that I have outlined. The bottom line is that you need a specialist to help you through this. A specialist will not only be able to assist in clearing the rights, but with the contracting for any exploitation of the work.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
