1. Research and Writing the Documentary:Overview of Legal Issues Theodore K. ChengPartner YOON & KIM LLP tcheng@yoonkimlaw.com tchengesq@yahoo.com (917) 459-3669 (cell) (212) 584-0058 (work)

2. Main Topics To Be Covered General background on copyright law work-for-hire/deal memo fair use Rights clearance clearance culture importance of due diligence efforts Releases Rights of privacy and publicity

3. Only Expression Can Be Copyrighted Books Plays Comic books Songs Musical compositions Music recordings Jewelry Computer programs Maps (only newly created elements, not locations) Movies, films Photographs Quilts Choreography Paintings Drawings Sculptures Fabric designs (but not the clothes) Architectural drawings (but not the buildings) Scripts, treatments for scripts

4. Rights Granted Under Copyright Law Reproduction Derivative works Distribution Public performance Public display Digital audio transmission of a sound recording

5. Fair Use Doctrine the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes the nature of the copyrighted work the amount and substantiality of the portion used in relation to the copyrighted work as a whole the effect of the use upon the potential market for or value of the copyrighted work

6. Rights Clearance Costs are high and have increased dramatically Insurers, distributors, etc. demand/expect high level of rights clearance Rights clearance is arduous and frustrating Rights clearance problems compel filmmakers to make changes adversely affecting their work Filmmakers also create a “clearance culture” Filmmakers engage in fair use

7. Other Issues Relating to Rights Clearance Orphan works Archival works Embedded works

8. Releases Right of privacy Right of publicity Defamation and false light Location releases First Amendment vs. personal/public rights

9. No Clearance Needed Buildings in plain view Works by the federal government Public domain works

10. Corporate Form C Corporation Partnership (limited, general) Limited Liability Partnership (LLP) Limited Liability Corporation (LLC)

11. For-Profit vs. Not-for-Profit 501(c)(3) is principal Internal Revenue Code provision May affect ability to do types of films Affects ability to use profits from film May affects ability to obtain funding/sponsorship (e.g., grants)

12. Conclusion Understand the legal framework, but don’t become hostage to it Consider rights clearance and plan for it in terms of overall content and budget Need to clear and use of fair use depends on the circumstances, tolerance for risk, and ability to make an informed judgment If unsure, seek further guidance Michael Donaldson’s “Clearance and Copyright” Volunteer Lawyers for the Arts, www.vlany.org, 212-319-2787

13. Thank You!Theodore K. ChengYOON & KIM LLPwww.yoonkimlaw.comtcheng@yoonkimlaw.comtchengesq@yahoo.com(917) 459-3669 (cell)(212) 584-0058 (work)