On Mon, Mar 01, 1999, Amy Lennie <alennie[_at_]interlog.com> wrote:
>
> I'm working in a documentary on the history of some pop culture aspects
> of the 20th Century. I've got some news footage of celebrities from the
> 1960's and '70's (ie: Liz Taylor walking out of a restaurant, Deborah
> Harry shopping). If I use this footage would this conflict with their
> right of publicity or is it ok to use celebrities in new-type footage,
> even though you're re-using it in a different context that it was
> originally shot for?
>
> Any help in this matter would be appreciated!
To the best of my knowledge, the inclusion of pre-existing footage in a documentary film does not invoke rights of publicity. Rights of publicity are concerned only with the individual's right to control the commercial exploitation of her name, image, likeness, and personal attributes. Commercial exploitation has generally been limited to advertising and merchandising.
A documentary film (even if distributed for commercial gain) is a First Amndment protected work of expression, not an advertisement or a piece of merchandise. Thus rights of publicity should not be an issue.
You should, however, consult with an attorney knowledgeable about the specific rights of publicity statutes that would govern the persons whose images you wish to include. You should also, of course, make certain that you have cleared the copyright in the "found" footage.
Bob Cumbow
cumbr[_at_]perkinscoie.com
206-583-8566
Received on Tue Mar 02 1999 - 23:14:00 GMT
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