Q & A

These questions are compiled from a series of interviews with crime victims about what, in retrospect, they would like to have known before they entered into agreements with filmmakers. We include them to assist crime victims in making more informed decisions about whether or not to participate in crime series, documentaries, and feature films.

What kind of shows are we talking about?

The three most common types of film and television productions that deal with crime and victimization are:

• Half-hour non-fiction crime programs on cable television that generally focus on investigations. These programs have low budgets, they are developed, produced, edited and broadcast in less than a year, and the production companies hired by the networks to make the programs are usually responsible for all or part of a series. The production companies are usually producing the program as a “work for hire” for the network and often have little or no control over editorial content.
• Independent feature documentaries (non-fiction) that address such themes as the justice process, personal journeys, reflections on the consequences of a crime, or possibly process films that follow subjects over a period of several years. Most of these programs have longer time frames and low budgets unless they are backed by a network.
• Feature docudramas, often a mixture of fact and fiction that might portray the events of a crime, the criminal justice process, and/or the impact of the crime on the subjects. Docudramas tend to have bigger budgets and the time frame from production to broadcast is more compressed. Subjects of docudramas whose life stories are optioned are generally paid a fee.

What should I expect if I am contacted by a production company about my victimization?

The reasons for the contact can vary enormously. You may receive a phone call from a member of a production staff who is looking for a flattering photograph to use on a show. He/she might be asking for an interview to flesh out a depiction of your murdered family member for a cable show about an interesting investigation. You might be asked for an interview for a documentary about a crime-related subject that the filmmaker is exploring. If you are the victim and they want to make a movie about your experience, they might ask you to participate in a documentary or they might option your story for a feature film in which case they will use actors and rely on you to provide input for a script. However, they may not want anything more than to notify you that a show about a crime to which you are related as a victim is about to be broadcast. This is considered a courtesy call, and while it may not be welcome coming at the last minute, it is a practice that we encourage filmmakers to continue, so as to avoid the unnecessary trauma that victims experience when they are surprised by what they see on the television screen. Thoughtful filmmakers that take the time to notify victims for programs they make that tangentially relate to victimizations will usually invite victims to participate in programs that directly address their stories.

Are there any possible contractual agreements to address our concerns?

It is more likely, if you choose to participate in a film, that you will be the one asked to sign an agreement, called a release form. Release forms fall into three categories:

• “Materials Release” for the use of audio and visual material and photographs;
• Appearance or personal releases for personal appearances, and;
• Life story options.

Sample agreements can be found in this section of the website. Victims and survivors always have the right to refuse to participate in shows and many do. Those victims who wish to participate but have reservations about how the show will be made and what will be included can negotiate with the filmmaker and make their participation contingent on respecting their wishes. For example, victims and survivors frequently will not agree to participate if the filmmaker plans to use crime scene photos or reenactments of the crime. A cautionary note! Unless the contingency is written into the agreement, there is no guarantee the filmmaker can abide by the verbal agreement. Oftentimes, in spite of good intentions, their promises can be overridden by the networks that employ them to produce the shows.

For more information about legal rights related to films and television programs about victimization, see the Roadmap in this section and the Legal Rights section of the website.

Who will have rights to air the film?

Network and cable companies hire filmmakers to create programs for their crime series and these companies retain the rights over the programs. Independent documentary filmmakers own the rights to the films that they make and self-finance. They may be willing to allow victims and victim advocates permission to use the films for training in non-broadcast environments. Companies and individuals that option life story rights own all rights to the film and may be willing to allow victims and victim advocates to use the films for training in non-broadcast environments.

How can we know that the filmmaker will not muddy the water or cast doubt on the victim’s/survivor’s integrity to make the story more interesting?

As long as filmmakers use material in the Public Domain they are more or less free to tell stories in the ways that they see fit. An in-depth conversation with the filmmakers before you enter into any agreements will help you judge the degree to which you feel confidant that they will respect your wishes and your point of view. If, on the other hand, you believe that they could interview individuals who were not part of any public record or who may cast a negative light on you or your loved one, you have a right to refuse participation or make your participation contingent on their not interviewing such individuals. In this case, you would have the name the individuals in the agreement or release form. For more information on this topic, read the chapter on Public Domain and the section “False Depictions” in the Personal Rights chapter under Legal Rights.

What specific steps can we take to ensure the crime is not "sensationalized" and does not glorify the original crime?

Again. Filmmakers are more or less free to tell the story in the way that they see fit, as long as they tell the truth and as long as the material is in the public domain. If you have concerns about how they will depict the crime, ask them for reels of similar shows that they have made; ask them specific questions about their script; and be specific in your discussions with them if you do not want them to use crime scene photos and reenactments. Most crime series have a broadcast lifetime of three to ten years so try to be as clear as possible about what you are participating in before you sign agreements. This proactive effort on your part will help you to avoid the pain of seeing (or hearing about) a show that you find deeply disturbing broadcast repeatedly over a long period of time. At the very least, do not be intimidated by what you perceive as “Hollywood” on your doorstep and make your concerns clear.

Will you be using any statements made by the offender(s) in the dialogue? Will the offenders' family or support system be involved?

These two questions primarily address films and programs that have a dominant offender focus. Series that focus on the investigation of crimes may have a dominant offender focus. Also, documentarians working on offender rights issues, such as the death penalty, DNA testing, and innocence protection laws, may wish to include a minimum amount of information about the victims of the crimes the offenders have committed. Inclusion in films of this nature can be deeply disturbing for crime victims and surviving families. As it is unlikely that you will be offered equal time since you are not the focus of the film, if you are contacted, it is your decision whether or not you wish to participate in films with an offender focus. You will want to ask the filmmaker to give you a courtesy notification close to the broadcast date so that you can be prepared for the broadcast and decide whether or not you want to watch the show.

What benefit does the victim or the victim's family receive from having the crime put under a microscope and portrayed in a documentary? Will a donation be made to a victims’ group? Will there be any financial compensation for anyone represented in the film?

With the exception of life rights’ options for feature docudramas, where the victim is remunerated for giving exclusive rights to the story to a filmmaker or a network, victims and surviving families are rarely offered remuneration for their participation in television shows and feature documentaries. Feature documentaries are generally labors of love that may be expensive to make because of the time involved, the travel involved, and so on, but rarely do documentarians get rich off their profession.

There are also legitimate journalistic and ethical issues around paying “sources”. Often networks have a blanket policy against payments to anyone interviewed for a news story. Production companies that make crime shows are acting as the employees of networks and while they are well paid for their talent and expertise, the shows they make are produced on low budgets. Many, however, are willing to pay small honorariums to victims and surviving families who participate in their shows.

There can be many intangible benefits to participating in a production. You and only you can give the victim a voice, honor a dead loved one, and speak to the enormous psychological costs of crime that non-victims rarely consider. You can be empowered by speaking out about your own victimization.

Can a contact number and website be displayed for crime victim support organizations?

It is more and more common that fictional and real crime series and documentaries display contact information for national hotlines and national advocacy organizations at the end of programs. Feel free to make this request. The more victims and survivors ask for this kind of acknowledgment the more likely it is that the practice will become policy.

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