Bitcoin -The Documentary- Legal Issues

[Spekulatius]

Hi everybody,

Please let me introduce myself,
IANAL

I have some questions regarding my project, that may not be common in type to those questions usually raised in this forum. I hope that you can give me some valuable advice nevertheless.

The main thread is available here but all questions related to this complex should be answered in this thread, I suppose.


1 Under what license should we publish our movie?

• I. It shall be the most open license possible. Our team and all contributors basically waive their rights to the material (except being the creators of the content of course), so others can freely aquire, edit, sell, broadcast, screen, possess and do whatever they want with it at no cost to them.
  
• II. Some licenses to look at: Creative Commons, Copyfree, CC0, WhatTheFuckyouwanttoPublicLicense
• III. We have to make sure all sound tracks, video clips, art work or else contributed by supporters is also allowed to be treated under the same conditions as the work of our team. So absolutely no one can come in afterwards and claim royalties or legally prohibit the distribution of our movie in any jurisdiction.

http://en.wikipedia.org/wiki/Free_content
http://www.wtfpl.net/wp-content/uploads/2012/12/wtfpl-strip.jpg

2 WHO has to sign a waiver of rights and WHAT has to be in it? Can anyone provide blanks?

• I. So far we gave a waiver to all people interviewed on camera, our team gets one, our supervisor at uni will get one and all people identifiable in miscellaneous shots, not part of a larger group were asked whether we can use their picture whith their consent on camera.

3 We would like to use stock footage of different TV channels and other resources (anyone remember that Good Wife episode;)?) To use it in our open domain-like licensed movie will be difficult. Any ideas? Practice experience, work arounds? Please provide legal facts if you can!

4 Filming permits are to be aquired under different conditions everywhere. In most cases we make sure to either have them or to not be classified as a professional film crew under the specific conditions lined out for the locations in question. Lets say it turns out we were not allowed to film somewhere so after the movie is published some public servant stands up and demands additional payment, should we be concerned?

5 Under what jurisdiction should we put our movie (if any)? After all it will be filmed in many different countries and there are different (copyright) laws in every one of those.

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[420]

wow no one helped you? did you solve any of your questions yet?

[Spekulatius]

Im pretty much on the same level of insight as before:

1. Still not clear about the license to use. SOme parts may be exempt from that license, like stock footage from private TV-channels

2. I guess I answered that question in OP already I just progressed as lined out in OP

3. Any ideas or experiences welcome!

4. No answer yet.

5. Still have no idea. I guess the laws of Germany apply for the production???

Any help greatly appreciated!

[NewLiberty]

If you get complete releases from all participants, the license under which you release it matters less.
Folks will have to trust that you aren't going to sue them anyway no matter what license you use.
The release is for your protection, so arguably more important to you.  You aren't going to be attacking other reproducers of it so the license is just to facilitate the comfort of those reproducers...

Something like this should suffice:
The undersigned hereby authorizes the BITCOIN DOCUMENTARY and their
appointed agents to photograph, videotape, audio record, televise, duplicate, and/or
transfer to any present or future technology,
__________________________________, Dates:_______________________
(Name of participant, PLEASE PRINT)
while a participant in the BITCOIN DOCUMENTARY program, and agrees that the BITCOIN
DOCUMENTARY, its authorized agents, employees and assignees may use the
photographs, videotapes, and/or audio recordings prepared there to reproduce, exhibit,
publish, or distribute in such a manner as they deem fit, globally, without limitation. No compensation will be paid
for this use.

[stevenh512]

II. Some licenses to look at: Creative Commons, Copyfree, CC0, WhatTheFuckyouwanttoPublicLicense

I'm not familiar with Copyfree, but in general I like the Creative Commons licenses for this kind of project. Be careful with CC0 and WTFPL, with those licenses you are essentially releasing the work into the public domain and anyone is free to do whatever they want with it without any obligation to give any credit to the creators. If it were me, I'd choose CC-BY-SA which allows anyone to use the material for any purposes, commercial or non-commercial, as long as they give credit (attribution) and release any derivative works under the same license.

fake edit: Looking at the link you provided for Copyfree, it looks like there are actually a lot of different licenses that fall under that category. Some of those licenses may apply to the kind of work you're doing, but it might be easier to use a Creative Commons license rather than trying to make a software or documentation license fit.

[SilverVigilante]

Just try to make sure no one whose shit you used sees it. Should be cool.

[420]

go along with the spirit of bitcoin and dont do contracts and copyrights

[Bitcoinpro]

this documentary is heavily anticipated hope your making some decent money from it

[Spekulatius]

II. Some licenses to look at: Creative Commons, Copyfree, CC0, WhatTheFuckyouwanttoPublicLicense

I'm not familiar with Copyfree, but in general I like the Creative Commons licenses for this kind of project. Be careful with CC0 and WTFPL, with those licenses you are essentially releasing the work into the public domain and anyone is free to do whatever they want with it without any obligation to give any credit to the creators. If it were me, I'd choose CC-BY-SA which allows anyone to use the material for any purposes, commercial or non-commercial, as long as they give credit (attribution) and release any derivative works under the same license.

fake edit: Looking at the link you provided for Copyfree, it looks like there are actually a lot of different licenses that fall under that category. Some of those licenses may apply to the kind of work you're doing, but it might be easier to use a Creative Commons license rather than trying to make a software or documentation license fit.

Thx for your suggestion!
I guess Creative Commons are a good choice for my intention to share this with everyone. By German law I cannot forfeit my right of being the creator of my work, so cant anybody depicted in the movie. It sounds like with CC0 or WTFPL anyone could easily impost as claiming to be the creator of my work (and the work of the community that goes into the final product). Do I understand this aspect right? Also, under what law do i actually produce and/or license this movie? Is the Creative Commons license above German Law on an international level or something?

[Spekulatius]

Just try to make sure no one whose shit you used sees it. Should be cool.

Thats actually the complete opposite of what Im trying to do

[Spekulatius]

go along with the spirit of bitcoin and dont do contracts and copyrights

I would very much prefer that, but because i would like my work or parts there of to be picked up by TV channels or other commercial media outlets, I need to provide them with some kind of legal assurance that my waork is legal and free for them to use. Therefore a license can help to promote this docu, thus promote Bitcoin in a way.

[Spekulatius]

this documentary is heavily anticipated hope your making some decent money from it

Thank you,
My team and I are making good progress and have entered post production with some occasional shootings here and there (Mike Hearn and that Swiss Politician that wants to ban Bitcoin are to be interviewed in December, along with my main character and his story arc).

Im really sorry that I kept everybody waiting for news and footage. Thats mainly because of academic duties, like passing exams and going to uni that everybody in the team has to do. I already have some exciting footage in the drawer that I really need to release soon, (because I run out of funds..

OK, by the end of this month I should at least post some new videos, pls keep kicking my ass on that!

[Ipsum]

3 We would like to use stock footage of different TV channels and other resources (anyone remember that Good Wife episode;)?) To use it in our open domain-like licensed movie will be difficult. Any ideas? Practice experience, work arounds? Please provide legal facts if you can!

That's not stock footage you're talking about. Stock footage exists precisely so it can be used elsewhere and is generally fairly reasonably priced.

Nobody creating content on the level of US national tv is going to give you the right to use their footage in your documentary unless you can afford to pay quite a lot of money though - that's a completely different ballgame.

[Spekulatius]

3 We would like to use stock footage of different TV channels and other resources (anyone remember that Good Wife episode;)?) To use it in our open domain-like licensed movie will be difficult. Any ideas? Practice experience, work arounds? Please provide legal facts if you can!

That's not stock footage you're talking about. Stock footage exists precisely so it can be used elsewhere and is generally fairly reasonably priced.

Nobody creating content on the level of US national tv is going to give you the right to use their footage in your documentary unless you can afford to pay quite a lot of money though - that's a completely different ballgame.

What if I excempt their footage from the free to use license of my movie?

[NewLiberty]

3 We would like to use stock footage of different TV channels and other resources (anyone remember that Good Wife episode;)?) To use it in our open domain-like licensed movie will be difficult. Any ideas? Practice experience, work arounds? Please provide legal facts if you can!

That's not stock footage you're talking about. Stock footage exists precisely so it can be used elsewhere and is generally fairly reasonably priced.

Nobody creating content on the level of US national tv is going to give you the right to use their footage in your documentary unless you can afford to pay quite a lot of money though - that's a completely different ballgame.

What if I excempt their footage from the free to use license of my movie?

Permission might be granted. Especially if it is short enough, or already reproduced elsewhere publicly, and you acknowledge fully in the credits.  Further you may be protected by the Fair Use doctrine, even if you don't get permission.
http://en.wikipedia.org/wiki/Fair_use
If it enhances the marketability of the original work and is used referentially, you have a pretty good defense.

If your budget is such that having to defend will sink you, then you might want to avoid the challenge.