Brainstorm requested on how to avoid possible legal problems.
 

Ok I deal with a LOT of old stuff and I have really great condition footage that was filmed and developed in 1918. It's basically a soldier's return from war, his girlfriend (wife?) and family being excited to see him. Now I'm thinking about using this footage in a smut video. But what kind of legal trouble could I get into and apart from not using the footage how can I avoid potential problems?

I'm still planning on talking to a lawyer but I figured getting some ideas/opinions/advice might help me too.

One good thing is its over 75 years old so no ? issues. But would defiantly get legal advice first.

on the legal tip, I wouldn't listen to anything that wasn't told to me by a lawyer. preferably two or more, it's crazy how legal opinions can vary depending on the interpretation of the attorney

as to whether it's ethically ok to use the content, that's up to you. not sure if you're soliciting those types of opinions but here goes:

porn is one of those things that peeps tend to feel strongly about, one way or another. sure the peeps in the footage are dead and nothing you do can harm them, but imagine if 50 years from now someone takes footage of an intimate moment in your life and uses it in a video about something you loathe? I have no idea how those peeps felt about porn, thing is you don't know that either.

flat out though, regardless of the type of film you have planned, I just don't think it's ethically ok to use peeps recorded lives without their consent.

I dunno, there's really no 'real' harm here provided your ass is covered legally, but if I were you I still wouldn't use it

in general though it sounds like you have some really cool creative stuff brewing. love your passion for what you do and wish you good luck with all of it

Well to be honest my "ethics" kind of flew out the window in the 60s. I remember the day really well but that's really a "good old days" story and very much off topic. But otherwise yes, there are ethical issues involved and I have to be aware of them because if I were to be sued "My Character" will be discussed in court.

As for being passionate,

I'm one of the last survivors of porn's Golden Age. Today everything in porn is a cluster fuck so weirdness, creativity, vulgarity and closet fags blowing each other in my bathroom are how I make money. Just the same thanks for the compliment it's greatly appreciated.

Second this hard. honestly since the footage is almost 100 years old it seems like you'd be fine...but if you're worried at all, don't ask gfy. ask a lawyer

I don't think copyright is ALWAYS limited to fifty years but 99.5% of the time it probably is, I'd say. If there's nothing on there extremely specifically personal on there, I cannot imagine what issue there could be. If the people are all wearing shirts with their full names in huge letters you might piss off some wizzled old extremely wealthy crazy white great grandmother bitch
LoL
I can't think of how who could fuck with you or why
Only caveat I can think of is, you can't protect that portion of the film. I'm no expert on fair use or whether that could matter. Like say could some fuck face say it's fair use if he used that part plus some of your original content, then?
Not sure how that works

I said in the my first post I still intend on talking to a lawyer but it's still good to get a wide variety of opinions and ideas. Afterall it might lead to some sort of additional insight into the problem.

I gave up on the idea of ethics or whatever other morals or personal standards, finally, recently. My new rule is they get whichever they give and I default to good / nice but turn quick. Angels got a huge bloody heart with a one helluva vicious sadistic streak too
Another thing is
It's not eye for eye with me anymore it's they wanna take a tooth I want a couple a knees
.feel ME.
;)

Can you afford to fight your corner in court?

If not don't go near it. Even asking a lawyer will cost you and he gets paid more if you're sued.

Why not recreate the scene? :)

are they dead ?

LOL I'll probably be dead before the case would be settled. But just the same I get your point so yes I can afford the costs but I don't want to go looking for problems.

Because I don't have a Autocinephot camera and I want to be an artsy fartsy in my old age.

If they're still alive they would be really old. The film is dated to the end of the first war.

Have you got a Canadian version of that?

Google is your friend. And it doesnt matter if you're in Canada if its online, you may be able to be sued anywhere the video is distributed.

But talk to your lawyer... I was just giving you an example of how rights to publicity are even protected after death.

I don't distribute online and again I already said I'm going to talk to my lawyer

Then you will just need to research similar laws in any of the jurisdictions where you distribute to... that makes it a lot less complicated.

Good luck.

On behalf of GFY I would like to thank you for your professional input and taking the time to enlighten us with your knowledge. Thank you :thumbsup

Step 1. Ask a lawyer.
Step 2. Take his or her advice.

Step 1. Buy a real car and not some plastic computerized piece of shit
Step 2. Fuck a real woman instead of masturbating to a Hilary Clinton poster
Step 3. Pass the test of manhood and eat out a woman with a hairy pussy and big tits
Step 4. Go to a strip bar.. get drunk and punch out the bouncer instead playing VR games
Step 5. Swill back a bottle of JD & bone a chubby black MILF with giant tits.

Do those 5 steps and you'll finally be a man.

Public Domain | Copyright at UBC

4. Cinematographic works or a compilation of cinematographic work

Determination of whether a cinematographic work or a compilation of cinematographic works depends on whether or not the work was published prior to December 31st of the 50th year following the work's creation If a work was not published before December 31st of the 50th year following its creation, then it is considered "unpublished".
Published (i.e. published prior to December 31st of the 50th year following its creation) Enters Public Domain 50 years following the date of publication.
Unpublished (i.e. not published prior to December 31st of the 50th year following its creation) Enters the Public Domain 50 years following the date of creation.

Legally, you should be ok. Morally, you're using a dead ww1 veteran to peddle porn.

You're talking to a nic that says he's been in our industry for 30 years but posts no verifiable info, is a Canadian far right Trump Supporter wingnut, and doesn't thank an attorney that answered his question here for free :2 cents:

He's either another alt-right fake nic, a porn industry failure, or loser, or all 3 :thumbsup

You caught me perhaps I'm really Jim the Fiend? Or perhaps I'm Rall an old friend of Mike South's on PST on IRC? Or perhaps I'm the guy that used to help Gene Ross with his computer when he was at AVN? Or perhaps I'm the ghost of Patrice Cabanal come back to haunt everyone?

Or perhaps it really doesn't fucking matter who I am because I haven't asked anyone for even as much as a fucking nickle on here and you bitch more about politics than I ever could because I don't even vote.

I spoke to my lawyer on the phone. He pretty much said it looks like it shouldn't be a problem.

:1orglaugh:1orglaugh:1orglaugh:thumbsup

You love me. I know you do.


Clearly all 3.


Maybe, but no one cares.


You're not that smart.


Zzzz... nobody cares. So what if you're using a fake nic? So what if you used to have another identity here? So what if you're pretending to be someone else? Just do it and enjoy it already.


Now you're getting it.

I bitch, Bladewire Bitches, we all bitch about politics. We also read. We express opinions. We fight and call each other cocksuckers. What's your point? Feeling left out?

True

Then you can't complain, ever, about anything. Pat yourself on the back for that one.



Glad you took my advice.

Actually I think you're a hoot. In a weird way you're like the girl in school that I used to dip her hair in the inkwell. So yea you're cool but I still think you need to at least try getting into a fist fight behind a bar once in your life.


I can and will complain about whatever the hell I want. I was born during the depression and seen every single elected politician do the same shit as the one before him and as those elected with him regardless of supposed political ideology. What pisses me off is the stupidity of the public that believes that their vote actually does something except give them a false sense of empowerment.



As I said in my first post, I had always intended to talk to my lawyer. However lawyers are a lot like computers. ie: Garbage in = garbage out. So I wanted to get some idea of what others thought, etc. That way I get a feel of what kind of reaction I might get from my project and I could ask my lawyer about it.

Really? That's ... too bad.

Yes it's weird that you think of me as a girl, that you liked.

Inkwell? Lol. You're working too hard on this persona. Just be yourself, its easier, and probably nicer.

I know.

D'oh!

No that would be a big mistake. I would be beaten to a pulp them my body would be used to soak-up the blood on the floor.


I can and will complain about whatever the hell I want. I was born during the depression and seen every single elected politician do the same shit as the one before him and as those elected with him regardless of supposed political ideology. What pisses me off is the stupidity of the public that believes that their vote actually does something except give them a false sense of empowerment.





As I said in my first post, I had always intended to talk to my lawyer. However lawyers are a lot like computers. ie: Garbage in = garbage out. So I wanted to get some idea of what others thought, etc. That way I get a feel of what kind of reaction I might get from my project and I could ask my lawyer about it.[/QUOTE]

The inkwell as well as my age are actually true. It's the photo that's the fake persona but just the same in the 5 years that I've been on GFY 2 people have figured out who I am.



Unfortunately getting beat is also part of being a man. Honestly not trying to pick on you with that comment but just saying that we've raised at least 2 generations of very emasculated men.

Sorry Mark but that was funny :1orglaugh (and I might take some of that advice) ...

my advice: never say or write anything you are not willing to have read in a court transcript. and the lawyers advice: never do any deal you are not willing to see on a billboard along the sunset strip. :2 cents:

just fucking wow!!! :1orglaugh

a well planned and implemented war on boys and men for sure.

The WAR AGAINST BOYS: How Misguided Feminism Is Harming Our Young Men

Christina Marie Hoff Sommers (born September 28, 1950) is an American author, former philosophy professor, and resident scholar at the American Enterprise Institute (AEI), a conservative think tank. Sommers is known for her critique of contemporary feminism.[1][2][3] Her work includes the books Who Stole Feminism? (1994) and The War Against Boys (2000), and her writing has been featured in a variety of different media outlets, including The New York Times, Time, and The Atlantic. She also hosts a video blog called The Factual Feminist.

Sommers' positions and writing have been characterized by the Stanford Encyclopedia of Philosophy as equity feminism, a classical-liberal or libertarian feminist perspective which suggests that the main political role of feminism is to ensure the right against coercive interference is not infringed. Sommers has contrasted equity feminism with victim feminism and gender feminism, arguing that modern feminist thought often contains an "irrational hostility to men" and possesses an "inability to take seriously the possibility that the sexes are equal but different".