up and down
this page will have the info you need to
upload your film, or download a film you
want to see
Ready to submit a film to the website ? here is the fine print...with apologies to everyone we lifted the
policies from...
Get Releases from All Individuals. Whether the Film is real or fictional, it should be made certain that no
names, faces, likenesses, or other indicator of identity of any recognizable living persons are used or
depicted unless written releases have been obtained. A release is unnecessary if a person is part of a
crowd scene or shown in a fleeting background. The term “living persons” includes thinly disguised versions
of living persons or living persons who are readily identifiable because of identity of other characters or
because of the factual, historical or geographic setting. Once the camera focuses on a face in the crowd,
that person is identifable. Even dead persons may have a “right of publicity" claim under certain
circumstances. Furthermore the family and/or successors of deceased persons may under the laws of
certain foreign jurisdictions have the right to bring actions akin to defamation. Clearances should be gotten
from their personal representatives or heirs. Obtain the right to portray deceased persons unless the
Filmmaker’s counsel has concluded that the law clearly does not require such releases. If a minor gives
consent, the Filmmaker and its counsel must be able to verify and confirm that the consent is legally binding.
Trademark/Product and Business Releases. The same principle is generally applicable to the names, logos
and other indicator of identity of business and other entities.
Music. If music is used, the Filmmaker must obtain all necessary synchronization and public performance
licenses from copyright proprietors of music and lyrics. Licenses must also be obtained on pre-recorded
music from the owner of the master as well as from the copyright proprietors of the music and lyrics. Music is
complicated. These rights are often owned or controlled by different entities (such as a publishing company
and a record company). Do yourself a BIG Favor...use original music.
A license to incorporate a composition into a film is known as a “synch” license. A license to use a particular
sound recording is known as a “master use” license. A license to a composition does not include a license to
a sound recording of it, and vice versa.
Film and Audio Clips. Film and audio clips are dangerous unless licenses and authorizations for the second
use are obtained from not only from the owner of the clip or party authorized to license the same, but also
from all persons rendering services on, or supplying material contained in, the film clip; e.g., underlying
literary rights, performances of actors or musicians. Special attention should be paid to music rights as
publishers are taking the position that new synchronization and performance licenses are required when
clips are used. In addition, use of clips often implicates re-use and residual payment obligations to guilds
and unions.
If you cannot obtain a release for one of the items listed above, we strongly suggest that you DO NOT USE
THE ITEM IN CONNECTION WITH YOUR FILM. There are many other substitutes available. If your film is not
cleared, it will greatly decrease the likelihood that you will obtain distribution for your film. Ever.
Copyright Registration. Filmmaker should register his or her Film with the US Copyright Office using form
PA. The script can and should also be separately registered. Its really painless, and the folks there will
answer your questions and help you.
OK 'NUFF SAID.
Don't send us the releases. Once you send the form in, we are done with this issue.
For the moment - we are not ready to accept films uploaded to the site. Please send your uncompressed
DVD to the address on the submit form.
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