What is Copyright Clearance Procedure for Filmmakers?
As a film producer, you should already be aware of the importance of obtaining the proper copyright clearances for your project and the potential risks that come into play if you do not seek permission to use music, performances, or other copyrighted material in your productions. In fact, most filmmakers are familiar with this process, but what is copyright clearance procedure for filmmakers?
What is Copyright Clearance?
Copyright clearance is the process of seeking permission to use copyrighted material in your filmmaking projects and productions. There are many different steps that must be taken.
This is to ensure youâve acquired the appropriate copyright for your material, beginning with the screenplay.
Before a film or video can be cleared for distribution, all of the appropriate intellectual property rights associated with the film. Including the copyrights, trademarks, and rights of publicity, must be formally granted.
These details, including original copies of the signed releases and licenses, are contained within the filmâs chain of title.
Before a film is distributed
Or even before a broadcaster or other media distribution company, will purchase a film, they are going to request to review the chain of title. In doing so, theyâre looking to ensure that there was proper copyright clearance for the production.
Everything from musical recordings to stock footage to characters that are used in the film should be backed by a copyright license.
Prior to distribution, an attorney or legal aid for the distribution company is going to be looking for:
- License agreements that provide ownerâs permission to use copyrighted material.
- The script copyright with exclusive rights or a work made for hire agreement.
- Location releases.
- Cast and crew contracts and talent releases including work made for hire contracts or copyright assignments.
- Photography releases for intellectual property.
- Music licensing rights. Which will include permission from copyright owners involved in the musical composition. As well as the copyright owner involved in the musical recordings.
- Rights to stock footage, animations, and other forms of art provided for the film.
- Publicity rights clearances.
Permission Sought
This shows you did seek permission to use music, stock footage, characters, and other forms of literary works in your film.
Copyright Clearance Procedure for Filmmakers
So, what is the copyright clearance procedure for filmmakers and why canât you just create your film and hope that you donât get sued?
This is a question many aspiring filmmakers have as do those who are new to the industry. Especially once realizing the amount of work involved in handling copyright clearance issues with a production.
Clearing intellectual property rights is certainly a tedious and incredibly time consuming process. It would certainly be made easier if it just didnât have to be done at all.
If there’s no clearance
Unfortunately, without proper copyright clearance, you may not actually own the rights to your production!
Therefore, at each stage of the production process, you should be thinking clearly about copyright clearance from a filmmakers point of view.
Consider the following steps and procedures at each stage of the filmmaking process:
Pre-Productions
This is your time to seek literary clearances. Youâre going to need to secure the rights to produce a film or video using the script, screenplay, short story or other literary work.
Consider acquiring the copyright to a script and try to get exclusive rights under a work made for hire agreement or through the assignment of copyright.
Production
This is your time to obtain cast and crew contracts that includes assignment of intellectual copyrights to the producer or production company.
Youâll need to have rights of publicity, and location releases at this stage of the production too.
In fact, youâll want to be sure to have a signed consent form from anyone or any place, such as a business or commercial location, that you film.
Post-Production
This is your time to obtain permission to use music, stock footage, animation and other arts in your film as well as the services of an editor.
Keep in mind that your musical clearance is going to require rights both to the composition and to the recording of the music.
The Takeaway
As you can see, copyright clearance procedure for filmmakers is certainly a lengthy process. But itâs also the safest route you can take to ensure that you legally own your production. As well as have full rights to use, sell, or otherwise distribute it as you wish!
