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  • Clearance & Copyright: Everything You Need to Know for Film and Television, 3rd ed
  • Hamp Overton
Clearance & Copyright: Everything You Need to Know for Film and Television, 3rd ed. Michael C. Donaldson. Los Angeles: Silman-James Press, 2008, 505 pp.

Almost all other aspects of human conduct can be effectuated through an oral agreement. That is not true for rights that flow through copyright.

Donaldson, Clearance & Copyright (304)

With this statement, it is clear why filmmakers need a text such as Clearance & Copyright, not only to protect their creative work, but also to understand when and how they can use others’ copyrighted creative work.

Clearance & Copyright is written by entertainment lawyer Michael Donaldson. In its third edition, it has become the standard for filmmakers without a legal background or a budget to afford an entertainment attorney on speed dial. The text is designed for both narrative and documentary filmmakers and is careful to point out the differences that pertain to each. And there are differences. Mr. Donaldson does not differentiate between student and professional films with regard to copyright use, except to point out that if a film is going to be screened outside of a classroom, it has to follow the laws of copyright.

As a legal text designed for non-lawyers, Clearance & Copyright answers many questions filmmakers have about what can be used in their films, in terms of ideas, images, and sound. Donaldson uses the first section of the text to go over general copyright and clearance issues with examples and history to explain and demonstrate the law. Next, he uses the [End Page 58] filmmaking process to explain further details, from obtaining the script to production and sound, through distribution and protection of the finished film.

In the first section, Donaldson gives a brief history of copyright and explains what it covers and how long a copyright lasts. He then offers details on “fair use,” giving several examples—some with conflicting outcomes. Helpfully, he offers his own set of clear guidelines on “fair use” to provide some clarity to this murky area of the law. Documentary filmmakers will benefit greatly from this information. Also helpful for documentary filmmakers is his chapter on public domain. Again, there is much gray area, but Donaldson provides clear guidelines that will help keep the final film out of court.

Part 2 addresses using a script that you acquired or co-wrote. Donaldson details many pitfalls one must watch for that could cause serious issues if not addressed up front in a contract with the screenwriter. He also addresses the common question of copyrighting your own script. In addition to protecting your script and providing other legal benefits, Donaldson also points out that copyrighting your script is required to work with Screen Actors Guild (SAG) actors.

The third section of the text covers production issues. Donaldson answers questions such as, Can you have a copyrighted or trade-marked name in your film or documentary? Can you show a magazine or book? Can your actors or those you interview wear a shirt with a trademark on it? This section also addresses the rights of actors in films and those who appear in your documentary, as well as others involved in the creation of your film such as the crew and investors. Also in this section, Donaldson addresses the use of copyrighted music and the very complex and difficult tasks of not only determining who owns the copyright to a specific piece of music but also contracting to use the music itself. He explains this for using film clips too.

In the last section, Donaldson addresses issues that come up after a film is made, including title clearance, errors and omissions insurance, copyrighting one’s completed film, and copyright infringement. Much is daunting, complicated, and expensive, especially for a low- or no-budget short or documentary. But all of it is necessary and needed information if your film finds distribution.

The text, as any legal text will, has two admitted and inherent drawbacks for student filmmakers. First, the law is not static; therefore, no book, including this one, will ever be completely up-to-date. For example, since this book was published...

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