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Vergone_102710 BCM220.3 Essay 26.09.12

Legal Case Analysis

Legal and Copyright Issues Involved with Independent Film Making

Submitted in partial fulfillment of the bachelors of audio production

Date of Submission: 26.09.12 Word Count: 1013 Institution: SAE

Vergone_102710 BCM220.3 Essay 26.09.12

The most confusing area for an independent film maker is dealing with all the legal issues, as an example situation of these legal issues here is a situation with an independent filmmaker who wants to make a music video clip. This music video is for an independent band from perth the film maker is curious about all the legal issues involved in her situation. The song was written by the entire band and was recorded at the singer’s home studio, the band has some basic ideas that would like to include in the music video. This music video is going to be placed on You-tube as well as the bands website and will be included as an additional feature to the CD package which will be distributed by a record label in Australia. As there will be a profit taken from the distribution of the music video there are many legalities including contracts, legal forms and possible lawsuits.

The first issue that will arise for the independent film maker is copyright, if someone decides they like the way the music video is put together or decided to reproduce the music video then copyright acts come into affect. Copyright is a form of protection provided by the law to protect original works of authorship including such things as literary, dramatic work, musical, artistic and other intellectual work. The way this works is that if the work is an original creation then it is automatically protected under copyright law, you own a copyright in your work when you write and register it. If your work is based on other material such as the scenario above where the music video is based on the bands artistic material meaning the independent film maker does not own the copyright to the


References: Jay Weigel, 2006. Copyright issues of a song for film. Retrieved from: http:// www.artistshousemusic.org/videos/copyright+issues+of+a+song+for+film Accessed [online video] (23.09.12) James M. O’brien, 2008. Legal Issues in Film Production. Retrieved from: http://www.poynerspruill.com/publications/Pages/LegalIssuesinFilmProduction.aspx Accessed [online](23.09.12) indieProducer.net. (2012) Legal Issues and Information. Retrieved from: http:// www.indieproducer.net/Resources/page/show?id=2029567%3APage%3A18173 Accessed [online](23.09.12) Nissenbaum Law Group, 2008. Contracting to Address Joint Copyright Issues. Retrieved from: http://www.filmproductionlawblog.com/2008/09/contracting-to.html Accessed [online] (23.09.12) Michael C. Donald (Silman-James Press) and Getting Permission: How to License and Clear Copyrighted Materials Online & Off. by Richard Stim (Nolo Press). Accessed (23.09.12) Robert J.Labate, Daniel M. Pomerantz, and Daliah Saper .Lawyers for the Creative Arts. 2006. Legal Issues in Film Production. 213 W. Institute Place, Suite 403 (312) Accessed (23.09.12)
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