Do I need clearance to use footage of NCAA basketball games in an independent film?

Business 5 views 3 answers
The shots would be very quick cuts and the teams unrecognizable. Basically, I'd be shooting the main characters watching the games, so the focus isn't on the actual games.

Attorney Answers

3
Pamela KoslynBusiness AttorneyLos Angeles, CA ·
Getting clearance is always a good idea. If the footage is recognizable, the NCAA would have a claim, and if the cuts are really so quick that you can't identify any players, teams or even the league, they'd give you consent. Otherwise, you're best off using anonymous sports crowd noise and not showing any part of any game. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
0 upvotes
Emily Bass ·
Interesting question. As a theoretical matter, I don't see how you could be infringing anyone's copyright by doing that. Nor even anyone's trademark, IF in fact - as you suggest - no one would be able to recognize the players, teams and/or even league involved. If you are going to be capturing anyone in the audience besides the actors, however, you should be concerned about THEIR "rights of publicity" and/or privacy rights and should get a full-fledged release and/or agreement from anyone who is recognizable, whether they are famous or not. You would also probably be wise, from a practical and/or business perspective to get the NCAA's consent, even though its rights really aren't implicated. They are likely to give their consent. Disclaimer: This answer does not establish an attorney-client relationship or constitute legal advice. It is for general informational purposes only.
0 upvotes

People Also Asked