Tips on Establishing IP Rights Clearances for Film and Television Productions
Prior to any movie or television series being released for distribution the film production, in conjunction with the distributor, will need to establish clean and clear proof that they have obtained appropriate rights and clearances for film and television productions they intend to distribute. If you’re new to filmmaking, and you’ve never been involved in the distribution of your work, this could be confusing. Beverly Boy Productions has put together some professional tips on establishing intellectual property rights clearances for film and television productions to help you start down the path to distribution.
Rights clearances and for film and television productions represent a critical area of importance when it comes to mapping out the steps to legally distributing a film or video for broadcast whether online, on television, on cable or in theaters, on DVD or on Blu-Ray.
This means that you must familiarize yourself with the three common branches of intellectual property law which are most important to those who produce film or video.
They include:
- Trademark law
- Copyright law
- Right of Publicity
First things first! You must know that establishing intellectual property rights clearances for film and television productions does NOT begin at the end of the process when you’re finagling your film and preparing for distribution.
This process begins at the very beginning of your film or television project – as soon as you come up with the idea for a short film, feature movie, television show or series you should also be starting out on establishing intellectual property rights.
The Early Bird Gets the Worm!
You know what they say…the early bird gets the worm! And in reality, establishing intellectual property rights clearances is really something that film producers need to be thinking about at the very beginning of their project.
As soon as there’s even an inkling of an idea, and especially if the idea is heavily based on a past book, novel or similar work, the process of obtaining rights clearances will begin.
Whether it’s licensing rights, or performance rights, or use rights. You’re going to pass through a lot of different scenarios in which obtaining and establishing rights clearances for film and television productions will come up.
Your job is to retain a rights and clearances log for your film and television productions. You need to start early, during preproduction.
A producer should consider all of the following documents to prove rights clearances:
- Writer agreements
- Director agreements
- Producer agreements
- Work-for-hire agreements for anyone working on the film
- Screenplay acquisition rights or adaptation rights
- Option agreements and development agreements
- Screenwriter services agreements
- Literary property acquisition agreements & letter of intent
- Life rights consent agreements & releases
Documentation
From the very beginning, you’re going to notice that there is a lot of necessary documentation. Especially where it comes to obtaining intellectual property rights clearances.
Obtaining copyright clearance, and rights to use various intellectual property works in your own film is definitely something that you need to navigate fully and without overlooking any of the fine details involved for several reasons:
- Errors & Omissions insurance will require your thorough documentation of rights and clearances.
- A distribution deal will require a clean chain of titles.
- Proof of due diligence will be required should a lawsuit for copyright infringement, defamation, or some other legal or civil complaint be brought forth.
Complaints
Civil complaints relative to the use of intellectual property are brought up rather frequently when it comes to film and television production. But don’t let this scare you out of producing a film.
Just recognize that the potential for a lawsuit over intellectual property rights can. And will grow stronger with each phase of the production process. As well as each layer of added storyline, performances, and individual cast and crew members that work on a production.
Risks
The more people get involved, the greater your risk for a potential lawsuit. Or any other questioning as to your rights to use various intellectual property during the course of production for a video or television project.
As long as you’ve taken the appropriate steps to document the rights clearances. And individual agreements that have been made between the production company. And those involved in the production.
Any such challenges as to right to include workers in the production. Or to include various elements such as music, performances, pre-existing material, or intellectual property can be overturned with the support of an entertainment attorney.
Make Sure You Have Signed Contracts
Throughout the production you’ll have several contracts that can literally make or break your distribution deal. If you’re missing a contract, or a contract isn’t signed, or if there’s a gap in the timeline in which it appears contracts were not obtained.
You’ve got a problem. You need a clean chain of title when you go to distribute your film or television production. Which means you can’t have any gaps in documentation or missing signatures.
Consider the following in production:
- Location agreements and leases as well as location release forms.
- Cast and crew contracts and release forms.
- Set and prop releases and intellectual property rights.
- Work made for hire contracts and clauses relative to the rights of publicity.
- Model release forms and other performance release documentation.
Obtain Music, Animation, & Editing Clearance
In post-production intellectual property rights and clearances for film and television productions will become an important concept to be thinking about once again.
Producers must be considering all of the hands that work on a film in post-production as they establish a clean chain of title to the very end of the production.
At this time, intellectual property rights and clearances are going to be heavily focused on music licensing, stock footage licensing, and various release forms from editors and other artists involved in post-production.
Music
Music is a key element here that causes confusion. Many forms of music will require multiple releases or licenses before it can legally be used in a film or television production.
Not only will you need to obtain the right to include the particular composition in the film but there is also a need to obtain rights to the recording.
The Takeaway
As you can see, intellectual property rights clearances for film and television productions have a lot of moving parts.
Parts that must be adequately accounted for throughout the production process. All this to achieve a clean chain of title when you decide to distribute your final product.
Taking steps early on to organize and obtain proper rights and licensing. It will save a lot of headaches and hassle during the later stages of the production.
Whether your interest is in distributing the video either on television, through cable broadcasting, or elsewhere.
