From left, Christopher Perez, Lisa Callif, Michael Donaldson, Marissa Kapust and Dean Cheley
Donaldson's work with the fair use doctrine helped in creating the fair use rider allowing filmmakers to secure Errors & Omissions insurance and let them make the films they set out to while balancing strict copyright law and the freedoms of the First Amendment.
"It's a matter of working with people I really admire, enjoy being around and are super appreciative of the help they get on their projects," Donaldson said.
The firm is so meticulously devoted to fair use, it has made a chart of every single
published opinion on nonfiction works since fair use became part of the copyright
statute in the Unites States. In the firm's library, they've collected more than 100
clips from cases litigated to demonstrate fair use.
Donaldson + Callif has represented more than 400 films and television programs including
"Boyhood," "Chavez," "Blackfish," "Insidious," "Tyson," "Waiting for Superman," and
many other award-winning films. In 2015 alone, the law firm helped 24 films at South
by South West (SXSW), 25 films screened at the Sundance Film Festival and 25 films
at the Tribeca Film Festival. The firm is also a preeminent theatre law firm that
represents plays and musicals.
Partner Christopher Perez said the firm's philosophy is to help artists by looking
at clearance issues, looking at the case law and establishing whether it is legal
or not. If they find a problem, they work with the filmmaker to bring it within the
law, then write an opinion and convince the insurance company of the risk of taking
on the project, he said.
"Other firms tend to discourage their clients from doing certain things because they
are worried about the risk, Perez said. "We don't want to censor people because our
goal is to allow people use of their First Amendment right."
Callif is currently working on a documentary about Nobel Prize laureate Malala Yousafza,
a Pakistani activist for female education. Much the film was shot in the Middle East
creating legal issues surrounding international regulations and differences in privacy
and personal rights. Attorneys also dealt with drafting composer agreements, overseeing
meetings with financiers and fair use.
Partner Dean Cheley is working on a documentary "Soaked in Bleach," about the death
of Kurt Cobain. That film, which is highly critical of Courtney Love and the Seattle
Police Department's investigation into Cobain's death, has presented several challenges
for the firm.
"It continues to be a challenge, but this is a film the filmmaker was very passionate
about," Cheley said. "It basically calls into question the original investigation,
it interviews police officers, detective forensic scientists and does have a treasure
trove of information behind it. Here we really had to carefully vet every statement
of fact in the film."
Meanwhile, Donaldson is working on new legislation to help film makers receive insurance
for copyrighted materials for which the owner is unknown. Donaldson has testified
before Congress on the issue of so-called orphan works, and is currently working to
establish a procedure that can be undertaken so that the material can be used.
"The legislation would reduce the amount of damages someone can get," Donaldson said.
"It opens up a rather large treasure trove of material."
-RYAN VAN VELZER
#316864
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Send a letter to the editor:
Email: letters@dailyjournal.com