Movie Legal Issues Early Filmmakers Ignored




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Often I hear legal excuses for people not making a film. They can't obtain permits or can't afford insurance. I don't mean to minimize the importance of certain legal procedures, but I do want to point out that early filmmakers were outlaws. Most silent films were produced illegally.

Thomas Edison had a patent on film and he was supposed to be the only one who could authorize filmmaking. If these people had followed the rules we wouldn't have the gems that were made in this era. What kinds of work will we miss out on now if film makers are timid these days? The silent-era filmmakers were brazen and willing to put it all on the line for filmmaking. I hope you can find the same courage.

Here's how they did it.

Be Far Away

The center of filmmaking was once in Fort Lee, New Jersey and the surrounding area. That's also where Edison was able to enforce his patents most vigorously. So they moved as far from Edison as possible and created Hollywood. They knew he was well-established on the East Coast and could never as effectively shut down illegal productions on the West Coast.

Have A Safe Haven

Another reason to be located in Southern California was the proximity to a land of refuge: Mexico. Many companies were created with the plan of escaping to Mexico if ever they got wind of an impending lawsuit. Being only 135 miles north of Tijuana, Los Angeles was an ideal location for clandestine, unlawful filmmaking.

Go For Broke

They had an ingenious plan if they were caught and dragged into court. They would just file bankruptcy and form another company. They weren't worried about the social stigma or inconvenience to creditors. They were that driven.

Wait Them Out

While making these films they hoped the situation would resolve itself and fortunately it did . By 1915 the patent war was over when courts determined that the enforcing of the patents was anti-competitive and was outlawed.

I don't condone outright theft or criminal activity but there are many gray areas where filmmakers fear to tread. These are places that motivated film makers shouldn't ignore. These may technically be crimes but in reality they are torts, you won't go to jail for them but you might get sued. Don't stop your pursuit because of the law, just ask forgiveness after.


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