Got Experience?
by Professor Janet Thompson Jackson
During the fall 2006 semester, the Small Business and Transactional Law Clinic represented a KU film student and amateur filmmaker who produced a documentary film, called "Fall From Grace," that explores the philosophy and practices of Rev. Fred Phelps and his congregation at the Westboro Baptist Church. As represented in the film, the primary message of the church is that America is doomed because of its tolerance of homosexuality. The client interviewed most members of the church, including children, and also interviewed many opponents of Phelps and his church, including attorneys, ministers, theologians, and everyday observers. The client also interviewed two estranged Phelps children, who criticized their father and the practices of the church.
The client retained the Clinic to draft license and release agreements that would allow the client to include protected images belonging to the Phelps's in the documentary. The client matter was assigned to Cody Robertson as the lead intern. As a result of virtually unrestricted access to the Phelps family and church members, the film contains the images of most of the family and church members, audio recordings of songs performed by church members, video images filmed by the Phelps's of conflicts that have arisen during the church's picketing sessions, and images of the church's picket signs and broadcast faxes. The use of most of these images and recordings required the permission of the Phelps's. Although one member of the Phelps family gave the client oral consent to use the materials in the film, the client wanted written consent.
In order to prepare for the representation, Cody first watched the film, making him one of a select number of people to see the film before its public release. While the client had identified several images for which he wanted release agreements drafted, Cody recognized that releases and/or licenses would be needed for other images as well. Cody did an excellent job of researching the relevant copyright laws and drafting release and license agreements in a way that would give the client the broadest protection possible. All of the agreements were signed by the necessary parties, thus allowing the client to begin screenings of the film. Going beyond his role as a legal intern, Cody was instrumental in arranging for the client to schedule two screenings at Washburn Law School, at which the client described his year-long experience making the film and answered questions from the audience. The film has been shown in a number of locations in addition to Washburn, including the South by Southwest Film Festival in Austin, Texas and the University of Kansas.
