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Legal Requirements Overview

For Using Other People's Material (eg Music)

You must have the right to use all the material in your film so that it can legally be shown anywhere by any means.

That applies to any music, footage, stills, artwork or written material which you haven’t created yourself.

If there is music in your film that isn’t yours you must have permission to use it. You need to show us that you have a licence to use both the composed music and the recording of the music.

If we cannot see that you have permission to use the music in your film – or any other material in your film that you have not created yourself – then your film will not be eligible as an entry to The Someday Challenge.

In previous years we received some films that were ineligible because they contained unlicensed music. That was unfortunate after all the creative effort that had been put into them.

Use the Toolkit to help you ensure that your film is legal. In the Release Forms and Licences section there are forms to get completed and signed to ensure you have permission to use other people’s material, like their music. And in the Using Music section there is advice on what forms to use in different situations. Feel free to contact us if there is any situation you are unsure about.

 

For Performances And Interviews

You must have the right to use all performances and interviews in your film.

So you need to get anyone who is featured in your film to sign the Individual Release Form.

For anyone who is under 18 you will need to get the parental permission part of the form signed too.

 

For Using Public Domain Or Creative Commons Licensed Material

If you use material in your film for The Someday Challenge which is either in the public domain or available for use under a Creative Commons licence, you need to:

  1. In the credits of your film include the title of the material (eg the name of the archive footage clip, still, music or sound effect which you are using) and the web address of the page where you downloaded the material.

  2. With your Entry Form include a printed copy of the relevant Creative Commons Deed or the Public Domain Mark.

    On that printed page write the title of the material and the web address of the page where you downloaded the material.

Creative Commons Deeds are available online. At the bottom of that page you can click on ‘View License Deed' for each of the Creative Commons licences and print a copy of the Deed.

The Public Domain Mark is available online.

 

Other Legal and Standards Requirements

In order to be a Winning Film (or to be published online by The Outlook for Someday as a Shortlisted Film) your film must meet all applicable laws, regulations and standards relating to films that are broadcast, published online or screened or distributed publicly in any other way.

In particular the content of the film must meet the standards in section 4(1) of the Broadcasting Act 1989 (including as those standards can be modified to apply to content that is not a "programme" under the Act).

This includes maintaining standards that are consistent with:

  • the observance of good taste and decency 
  • the maintenance of law and order 
  • the privacy of the individual
  • any approved and applicable code of broadcasting practice

If you are in any doubt about the broadcasting standards or codes please refer to the information provided by the Broadcasting Standards Authority.

The content of the film must also meet the 'Don't Cross the Line' rules in YouTube's Community Guidelines.

And you need to ensure that your film doesn't depict unhealthy or unsafe activities - such as smoking, misusing alcohol, using drugs or harmful gambling - in a positive or glamorising way.

Get Permission

You can use music in your film - music you've created yourself or other people's music - as long as you have the right to use it.

If you use your own music that's easy - you just have to ask yourself permission. If it's someone else's music then you need to ask their permission and get licences signed. Of course it's harder to make contact with people who are overseas but we hope that New Zealand musicians will be willing to let you use their music for your entry to The Outlook for Someday. Bear in mind that they won’t necessarily be able to give you the permission themselves – they will usually need to refer you their music publishers and record companies

For any music in your film you use you need to supply signed licences giving you permission. You can download The Outlook for Someday licence forms from the Release & Licence Forms page. There is advice below on what forms to use in different situations.

If you are the person who needs to sign a form but you are under 18, get your parent / guardian / caregiver to sign as well.

Feel free to contact us if there is any situation you are unsure about.

Other People's Musical Recordings

If you want to use someone else’s music recording, such as music from a CD or someone else’s video or audio recording, the forms to get signed are:

  1. Licence To Use Material

    To be signed by the person or organisation who owns the music (eg the song-writer or the organisation which owns a song). This could be you if someone else has recorded your song.

  2. Musical Recording Licence

    To be signed by the person or organisation who owns the musical recording (eg the recording company or a musician whose recording you are using).

Musical Performances

If you have yourself filmed / recorded a musical performance, the forms to get signed are:

  1. Individual Release Form

    To be signed by each person who performs the music – one form for each person. If you perfomed the music yourself then sign the form yourself.

  2. Licence To Use Material

    To be signed by the person or organisation who owns the music (eg the song-writer or the organisation which owns a song). If you created the music yourself then sign the form yourself.

  3. Musical Recording Licence

    Sign the form yourself.