Monthly Archives: April 2011

Q: If you wish to include public buildings as set pieces in your script, will that cost money and require permits to shoot if the script is produced? Would avoidance or substitution of any signage make any difference?

A: First let me just advise that you let the producer worry about this. Your script WILL get changed along the way to production, to accommodate various production considerations, just like this one. Set your scenes where you think they should be set and don't worry about how the production will accomplish it. That's someone else's job.

To answer your question, I first have to address a semantic point. There are “public buildings” and there are buildings that are “open to the public”. There's a major difference.

A “public building” is a structure that's owned by the public (i.e., the government). Examples are The White House, the Library of Congress, the Federal Building, state capitol buildings, courthouses, police stations, etc. Merely showing such structures in a film doesn't require a permit, but actually shooting in such places typically involves permits, security, and quite a bit of hoop-jumping. In many instances, security or other considerations may lead the government to place serious restrictions on access to such facilities. But, under the first amendment, a complete ban would be very difficult for the government to enforce.

On the other hand, buildings that are open to the public, but which are privately owned (like banks, malls, grocery stores, and office buildings) will also frequently require government-issued permits… but more importantly, you'll need permission from the owner of the building. It is likely that those owners will expect to be paid a fee for use of the location. Private property owners have the right to deny access to the location altogether, and therefore the right to demand payment when granting such access.

Substitute signage probably won't make a difference if the building itself is easily recognizable… and since we're dealing with this question, I have to presume we're not talking about generic-looking office buildings.

So, short-answer made long… Yes, it will cost money, require permits, and there's really no way around it.

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for readers’ detrimental reliance upon the information appearing in this feature.


Thinking of Producing it yourself? subscribe to my FREE e-course “6 ways to Finance A Feature Film” by visiting https://firemark.com/minicourse

Q:  My screenplay is based on a true story. Most of the  characters are long deceased and the facts of the story are on public record. However there are four people still living whose names appear and two of which are characters. I'm not doing life stories of either rather just using their names and depicting brief appearances. Is there some kind of standard release I can obtain without a long legal document?

A:  This question raises a number of issues.  First off, if the events depicted really happened, and the persons involved were really involved, it's possible that their consent won't even be needed.   As the writer, you might prefer to let the decision whether to get a release fall on the shoulders of the producer of the project, either before or after he buys the project. But, you may prefer to err on the side of caution, and obtain a release to include when selling the script.  If so, it need not be a lengthy document, but it IS a legal document, so it's going to be more than a paragraph or two.   What's involved is a person relinquishing some of their rights, so it's important that the document be thorough and complete.  (The version I tell my clients to  use fits on a single page… but just barely)

Lawyers hate the phrase “standard contract”, and will tell you that every legal situation is different, and that legal documents like contracts need to be custom-tailored to the particular situation.  While this is true, there are some generic forms available on the web, or in form books.  The trick(s) are knowing where to find a good form, and whether the form you've selected is appropriate to your particular situation.

As with most of my answers in this column, I have to recommend that you hire an attorney to give you more customized legal advice, and if necessary to draft a suitable document for your project.  You might be surprised how little it costs to get things done right… so you can sleep better at night.

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for readers’ detrimental reliance upon the information appearing in this feature.


Thinking of Producing it yourself? subscribe to my FREE e-course “6 ways to Finance A Feature Film” by visiting https://firemark.com/minicourse