The most common intellectual-property-rights issue that arises is your liability for using another's copyrighted music or sound effects without permission. You can obtain permission from the copyright holder directly (if you know how to find him or her), or through one of the major organizations that handles copyright law and collects royalty payments for composers and musicians. The two major organizations that can facilitate the process by providing you with the music publisher's name and address are: the American Society for Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI).

Under a particular circumstance spelled out in the copyright law, you can use someone else's materials--say, for example, someone else's sound recordings, poems or narrative--without fear of copyright infringement. The performance "must be without any purpose of direct or indirect commercial advantage; and it must be without payment of any fee for the performance to any performers, promoters or organizers; and there must be no direct or indirect admission charge. But if there is such an admission charge, the proceeds, after deduction of reasonable production costs, must be used exclusively for educational, religious or charitable purposes and not for private financial gain." Even if the proceeds are for educational or religious purposes, the copyright owner has the right to veto the performance in advance.

Non-profit exhibition of copyrighted works is not generally unlawful, even if the work is shown publicly; and if the work is not shown publicly and is not shown for profit (for example, if it is shown only to a reasonably small circle of your family and your social acquaintances), there is little danger of being sued. In the case of broadcast or cable television, of course, any exhibition of your work is generally for profit--your profit or the profit of the TV station. Thus, TV use of someone else's copyrighted material in your work without permission of the copyright holder is unlawful.

Perhaps the best solution to the soundtrack problem is to compose original music or have it composed for you. Local colleges often have students majoring in music. These students may be interested in working with you, as long as they receive credit for their compositions. Be sure you have a written agreement with them, however, so that you will have the rights to their work.

Finally, when in doubt about your rights or obligations, consult a lawyer. Attorneys who specialize in the field of intellectual property are usually listed under "Patent Attorneys" in the Yellow Pages.

Mark Levy, an award-winning videographer, is a lawyer who specializes in intellectual property law.

In consideration of the sum of $1.00 and other good and valuable consideration, receipt of which is hereby acknowledged, I,                            being of legal age, hereby give                         (hereinafter the Videographer), and all licensees, successors, legal representatives and assigns of the Videographer, the absolute and irrevocable right and permission to use my name and to use, reproduce, edit, exhibit, project, display, copyright, publish and/or resell photographic pictures and/or moving pictures and/or videotaped images of me with or without my voice, or in which I may be included in whole or in part, and any of my possessions, including real and personal property, which photographic and/or moving pictures, videotaped images and/or possessions are photographed, taped, videotaped, and/or recorded on                 , 19    and thereafter, and to circulate the same in all forms and media (including, but not limited to: videotapes, audio tapes, compact discs, computer files, film, slides and photographs) for art, advertising, trade, competition of every description and/or any other lawful purpose whatsoever. I also consent to the use of any printed matter in conjunction therewith. I acknowledge that I have no interest, ownership or copyright rights in any pictures, images or recordings or in any forms or media thereof produced by the Videographer.

I hereby waive any right that I may have to inspect and/or approve the finished product or products or the editorial, advertising or printed copy or soundtrack that may be used in connection therewith and any right that I may have to control the use to which said product, products, copy and/or soundtrack may be applied.

I hereby release, discharge and agree to save harmless the Videographer, his licensees, successors, legal representatives and assigns from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form whether intentional or otherwise, that may occur or be produced in the making, processing, duplication, projecting or displaying of said pictures, images, or recordings and from liability for violation of any personal or proprietary right that I may have in connection with said pictures, images, or recordings and with the use thereof.

Date_____________
Individual _______________________
Witness __________________________

Videomaker does not guarantee the legal integrity of this form nor does Videomaker assume any responsibility for its use.

How do I know whether or not I need a permit to shoot video?

If you're shooting video unobtrusively in the great outdoors (like a beach or park) for your own personal use--video that won't be seen outside your own living room, you probably don't need a permit. If you're shooting personal video in a controlled area like a museum or restaurant, your chances of needing a permit (or, at least, verbal permission) jump dramatically. If you're shooting video for profit in such a location, your chances of needing a permit skyrocket. The rule of thumb is: when in doubt, make a phone call to the authority that governs the location. That way there's no guessing involved; you'll know you're on the right side of the law.