FreePress Blog

The Hidden Cost of Documentaries
By NANCY RAMSEY
THE moment seemed innocuous enough.

Michael Vaccaro, a fourth grader, had just left P.S. 112 in Brooklyn and was headed home with his mother. Two filmmakers were in front of him, their camera capturing his every movement on video, when his mother’s cellphone rang.

“It was such an indicator of today’s culture,” said Amy Sewell, a producer of “Mad Hot Ballroom,” the documentary that follows New York City children as they learn ballroom dancing and prepare for a citywide contest. “Michael’s mom had just asked him how school was, her cellphone rings, she answers it, and the look on his face says, ‘I don’t get to tell my mom about my day.’ “

In addition, the ringtone was “Gonna Fly Now,” the theme from “Rocky,” and the neighborhood was Bensonhurst. “How perfect was that?” Ms. Sewell said.

Perfect, but a problem. Had the ringtone been a common telephone ring, the scene could have dropped into the final edit without a hitch, the moment providing a quick bit of emotional texture to the film. But EMI Music Publishing, which owns the rights to “Gonna Fly Now,” was asking the first-time producer for $10,000 to use those six seconds.

Ms. Sewell considered relying on fair use, the aspect of copyright law that allows the unlicensed use of material when the public benefit significantly outweighs the costs or losses to the copyright owner. But her lawyer advised against it. “I’m a real Norma Rae-type personality,” Ms. Sewell said, “but the lawyer said, ‘Honestly, for your first film, you don’t have enough money to fight the music industry.’ ” After four months of negotiating - “I begged and begged,” Ms. Sewell said - she ended up paying EMI $2,500. (Total music clearance costs for “Mad Hot Ballroom,” which featured songs of Frank Sinatra and Peggy Lee, came to $170,000; total costs over all were about $500,000.)