Copyright for archive footage

[G Bains]

Hi

I am interested in making a documentary which relies and shows archive news
and other footage. I am a memeber of the IAC and understand that I can ues
copyright music in my productions but can anyone tell me where I woud stand
using archive visual footage? Any advice wou;d be very helpful.

[Michael Slowe]

"G Bains" <forums@theiac.org.uk> wrote:

Hi

I am interested in making a documentary which relies and shows archive news
and other footage. I am a memeber of the IAC and understand that I can ues
copyright music in my productions but can anyone tell me where I woud stand
using archive visual footage? Any advice wou;d be very helpful.

A few years ago I made a film which utilised about a minute of footage owned
by Sky television (the film ran for 26 minutes). I asked my solicitors (they
as it happens specialised in copyright) to try and clear the use of the material.
They came back with the answer - "no problem provided the film does not appear
on television". No fee to Sky but £500 to the solicitors!!!

Your footage sounds as if it is many years old and provided it is not well
known and often used high profile material, I don't suppose anyone would
object. Try and trace the owner of the copyright if you can and then you
can ask, if they can't be traced I would go ahead if your production is not
commercial and for nobody's profit. Problem is that most news footage is
owned by some media company but they should easily be traceable. I don't
believe the IAC scheme covers video footage.

Michael Slowe.

[Gurmukh Bains]

"Michael Slowe" <michael.slowe@btinternet.com> wrote:

"G Bains" <forums@theiac.org.uk> wrote:

Hi

I am interested in making a documentary which relies and shows archive
news
and other footage. I am a memeber of the IAC and understand that I can
ues
copyright music in my productions but can anyone tell me where I woud stand
using archive visual footage? Any advice wou;d be very helpful.


A few years ago I made a film which utilised about a minute of footage owned
by Sky television (the film ran for 26 minutes). I asked my solicitors
(they
as it happens specialised in copyright) to try and clear the use of the
material.
They came back with the answer - "no problem provided the film does not
appear
on television". No fee to Sky but £500 to the solicitors!!!

Your footage sounds as if it is many years old and provided it is not well
known and often used high profile material, I don't suppose anyone would
object. Try and trace the owner of the copyright if you can and then you
can ask, if they can't be traced I would go ahead if your production is
not
commercial and for nobody's profit. Problem is that most news footage is
owned by some media company but they should easily be traceable. I don't
believe the IAC scheme covers video footage.

Michael Slowe.

Hi Michael

Thanks for the advice. I suppose in some cases its probably just as simple
as asking the owner, but who would I take the owner to be? I mean, do I contact
the TV company who play the footage or someone else? This seems such a mind
field for me. Do I contact the artist of whoom the film is taken of. In other
words, how would I determine who owns the copyright? Is there an easy way?
Once I can find out who owns the copyright could I presume that a simple
letter from them saying I could use the footage is OK?

Gurmukh Bains

[Michael Slowe]

"Gurmukh Bains" <gurmukhbains@hotmail.com> wrote:

"Michael Slowe" <michael.slowe@btinternet.com> wrote:

"G Bains" <forums@theiac.org.uk> wrote:

Hi

I am interested in making a documentary which relies and shows archive
news
and other footage. I am a memeber of the IAC and understand that I can
ues
copyright music in my productions but can anyone tell me where I woud
stand
using archive visual footage? Any advice wou;d be very helpful.


A few years ago I made a film which utilised about a minute of footage
owned
by Sky television (the film ran for 26 minutes). I asked my solicitors
(they
as it happens specialised in copyright) to try and clear the use of the
material.
They came back with the answer - "no problem provided the film does not
appear
on television". No fee to Sky but £500 to the solicitors!!!

Your footage sounds as if it is many years old and provided it is not well
known and often used high profile material, I don't suppose anyone would
object. Try and trace the owner of the copyright if you can and then you
can ask, if they can't be traced I would go ahead if your production is
not
commercial and for nobody's profit. Problem is that most news footage is
owned by some media company but they should easily be traceable. I don't
believe the IAC scheme covers video footage.

Michael Slowe.

Hi Michael

Thanks for the advice. I suppose in some cases its probably just as simple
as asking the owner, but who would I take the owner to be? I mean, do I
contact
the TV company who play the footage or someone else? This seems such a mind
field for me. Do I contact the artist of whoom the film is taken of. In
other
words, how would I determine who owns the copyright? Is there an easy way?
Once I can find out who owns the copyright could I presume that a simple
letter from them saying I could use the footage is OK?

Gurmukh Bains

The obvious place to start is the TV company, they almost certainly will
know the copyright owner if it's not them.
Of course a simple letter from the owner is sufficient, especially if you
have stated exactly what you intend doing with the film, also keep a copy
of the permission that you requested. The very fact that you made contact
and obtained some sort of positive reply would in any case probably be enough
for a normal "amateur" film. As I suggested in an earlier mail, if you are
making commercial use of the material, you have entered a completely different
ball game.

Michael Slowe. PS I am not a lawyer or an expert on copyright but
I have had some experience and also try and utilise some common sense. See
if there are any other opinions offered on this site.

[Dave Watterson]

I am interested in making a documentary which
relies and shows archive news and other footage.

Like Michael I am no lawyer - and coyright can be a minefield as you say
- but the general rule is as Michael says to do your best to get permission.
If you can get it: great. If you cannot trace the copyright owner: it is
probably safe to go ahead in good faith.

The place you got the footage would be the place to start. (Just taping
it from TV is illegal, even if only for your own use ... I know! That's
stupid, but I think it is the case.)

There can occasionally be problems in determining who has ownership. To
take a case in point ... some of you may have seen the recent London screenings
of Abel Gance's mammoth 1927 masterpiece "Napoleon" with live orchestral
accompaniment. (Think "Lord of the Rings" parts 1, 2 and 3 to get an idea
of the scale.)

Why is it not available on DVD?

It seems Carmine Coppola composed a score for the 2 hour version which was
all that seemed to have survived for a long time. The Coppolas claim Gance
gave them the rights. Kevin Brownlow unearthed miles more of the original
and Thames TV commissioned Carl Davis to write a full score. The Brits think
they have rights in the long version.

It IS a cult movie. But the worldwide audience for 1927 films in not so big
as to be worth fighting over!!!

Dave W

[Guest]

If you get your footage from archive.org then no problem. They offer it free
of charge. Read their pages on copyrights and usage of the public archives.

What kind of footage do you have?

[Gurmukh Bains]

"Michael Carter" mc007f0737atblueyonder.codotuk wrote:

If you get your footage from archive.org then no problem. They offer it
free
of charge. Read their pages on copyrights and usage of the public archives.

What kind of footage do you have?

Hi

Thanks (if a bit belated - I have been away) for the address - i will chek
it out.

The footage I do want is of news footage and program footage of the influence
of music 25 years or so ago.