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04 – Legal security

  • Get a Lawyer
  • Understand Defamation Law
  • Understand Privacy and Public Interest Laws
  • Secure Rights
  • Errors + Omissions Insurance

There are some lawyers who are willing to take on pro bono public interest work. This is particularly the case for more transactional work, like contracts, and less likely for issues that go to court.

A number of law schools have clinics to which filmmakers can appeal to have law students assigned to them to provide legal counsel as well. They cannot represent you in court, but they can provide support that could enable you to avoid ever needing representation. Law clinics can also be a good resource for your transactional law needs, like crew contracts and LLC agreements. Keep in mind that law school clinics move slowly and whose timelines are built around school semesters. Plan ahead.

Lawyers themselves can be a source for referrals, particularly if you are looking for an area of legal expertise that they may not have. A media lawyer — who can help with defamation claims — is likely to have worked with an intellectual property lawyer — who can help with copyright issues — and can put you in touch. If they have provided counsel to filmmakers working with participants who are under threat, they may have suggestions for human rights lawyers who could help. NGOs who work with and advocate for those whose human rights have been violated can also point you in the direction of human rights lawyers.

Fellow filmmakers — particularly those with at least a couple of films under their belt — are a great resource for referrals to lawyers. They have a sense of what you need and may have encountered similar risks to those that you face. 

There are also international organizations that can help documentary filmmakers at risk to find a lawyer and even to pay for fees. Be sure, however, that you retain control over publicity or advocacy so that the story the lawyers share about your case does not contradict your intentions.

If you are unable to get a referral or are looking for additional options, every country has at least one professional legal organization, often called the legal society or bar association or bar council. Contact them and request names and lists if available.

There are hostile environments in which the rule of law is not respected, and lawyers themselves are targets of the government. Consulting legal experts at NGOs with expertise in the country/region in which you want to film will enable you to assess if you are in the position to take the risk and what can be done to prepare.

We’ve compiled resources to help you to better understand what you need to know about the law

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