Microbudget Movies:
Legal

Even microbudget movies have to deal with some basic legal issues. On a studio feature this can be quite an expensive item, but fortunately for you it shouldn’t be…as long as you cover your bases and don’t get into any real trouble.

The first step is to get release forms from anyone who is appearing in your movie. There are plenty of examples of standard “talent releases” available in books and on the Internet. Basically anyone whose likeness and or voice appears in your movie needs to sign a release saying that they are doing this of their own free will. (If they’re under 18 you’ll need to get a parent or guardian to sign.) Whatever you do, don’t let this fairly simple task slip by you. If you want distribution or you want to enter your work in some kind of festival or competition you will need this paperwork so you might as well get it up front. In the absolute worst-case-scenario someone who appears in your movie but doesn’t sign a release could hold up the whole project or demand an exorbitant amount of money. A release isn’t exactly a legal contract (which usually requires some monetary exchange, even a token payment of one dollar to become binding) it’s more of an informal notice that says that a person was aware that they were being photographed or recorded for this specific project.

The next item of importance is a similar release for anyone’s intellectual property that you might be using. If you write your own screenplay and compose your own soundtrack you’ve got nothing to worry about, but if you’re asking someone else to do something like let you use their song you MUST get a release for this. (See the “Music” section for more.)

You may even need to get a release from a building owner if you plan to shoot at or outside their property. Joe will probably be happy to have his “Joe’s Diner” sign appear in your movie, but make sure he’s happy enough to sign a release…just in case. And you really have to be a bit careful with trying to use pedestrians as “extras” in your movie. If their image is recognizable (or even a car’s license plate) you’d better get a release signed or use your own extras.

If you’re paying people or planning to share the profits with everyone it’s also a good idea to put that into writing. There have been microbudget movies that actually made a sizeable profit but failed to spell out the details of how that profit was to be divided. You don’t need a lawyer to draw up a simple profit-sharing plan but you will definitely need one if you have a dozen people suing you because they don’t think they’re getting their fair share.

Getting a permit to shoot somewhere isn’t always that difficult or expensive, but the problem often lies in the insurance bond (usually a million dollars) that you’re required to have in order to get the permit. Technically, in many cases a permit is not legally required for “non professional” production like student films or community access cable television so you can sometimes play this card and get away with it since you probably won’t look like a big studio outfit, but it doesn’t always work and it doesn’t always get you around other obstacles. [EDITOR’S NOTE: In the most famous example of this we were once kicked off of a beach while shooting a pirate movie not for a lack or permits, and not even because we were brandishing firearms and swords. We had a small boat sitting on the shore to imply that the pirates had just rowed in from their ship and were evicted from the premises for “docking a boat in an unauthorized area!”)

This often leads to “guerilla” or “hit-and-run” filmmaking. It’s not legal, but you’re probably not going to go to jail over it either. You may be asked to leave the beach or park or clear the sidewalk or put away your gear but that’s usually about as bad as it gets. (Which can be pretty bad if you’ve shot 75% of the scene and can’t finish it.) As mentioned elsewhere in this web page, work fast and keep a low profile. (And have an alternate location in mind if the first one falls though.)