A Filmmaker’s Guide to Title Clearing Services
A clean chain of title is an important aspect to any film or television media production. The clean chain of title begins with a title report and a letter of opinion. Stating that the filmmakers have taken the necessary steps to assess the potential liability or risks. All associated with producing a film under a particular title. Before the title is set in stone (or at least before it is included in a final cut) the producer will generally employ title clearing services. This is to ensure there are limited, or no, potential risks of copyright or trademark infringement. Title clearing services typically include several steps. In which a review of the film’s proposed title is the primary focus. But, why?
What is a Chain of Title?
The film or television chain of title represents the chain of documentation. Which establishes the proprietary rights to a production. Starting off early with the acquisition of copyright licenses or rights to a copyrighted work.
Something like a book, for example. Running all the way through to the end when proof or errors and omissions insurance has been obtained prior to distribution.
The chain of title documentation is necessary because many different hands work on a film at a given time. And the authorship rights or rights to the production flow from one individual to the next. Throughout the duration of the production process.
Ready for Distribution
Chain of title is extremely important in the end, when a distributor is ready to purchase a film. Why? Because this is proof that the film and all of the proprietary details within the film.
Including the script that is used to create the shots, and the actors that performed in front of the camera. And all of the work that has gone into the production is rightfully accounted for.
The chain of title proves to film distributors that the owner of the film has the right to the work. And has the right to legally make decisions regarding distribution or sale of the work.
Paperwork
But how? How could something called a “chain-of-title” provide all of this information? It’s really all a matter of paperwork. As well as having a documented paper trail of film clearances. And releases which are included in the chain of title.
In fact, chain of title documentation may include:
- Copyright clearance or licenses for music.
- Script clearance.
- Trademark clearances.
- Talent agreements and talent release forms.
- Release forms from cinematographers, editors, and other crew involved in the creation of the film.
- A title report and an attorney’s letter of opinion.
- Proof of errors and omissions insurance.
What are Film Title Clearing Services?
As you can see, there are a lot of steps that go into proving a clean chain of title for film. Oftentimes, the process involves film title clearing services to help tackle the job.
Title clearing services represent the process of determining whether or not the final title that is chosen for a film is in fact available. And can be used without copyright or trademark infringement.
Title clearing services will pull title reports, perform a film title search, and provide a list of any and all titles. Anything in any way similar to the chosen title for your film.
Consider This
If you’re thinking that all of this can be done right before distribution, you’re wrong! Consider what would happen if you wait until right before distribution to perform a title report. And to check for other copyrighted titles similar to the chosen title for your film project.
You’ve already invested thousands, or even tens or hundreds of thousands, into the production. The editors have produced the final cut. And it includes the title of the film.
If you later find out, through a title report, that there are other copyrighted works that are very similarly titled. What will you do? Start over? That could cost tens of thousands or more.
Title clearing services perform the title search and title report. They sometimes even provide the title opinion necessary to ensure the chosen title of a film does not infringe on copyrights or trademarks.
What is a Title Opinion?
Although title clearing services will generally provide the title report and perform a title search. Not all provide the title opinion. This is because the title opinion, or letter of opinion, requires a particular expertise.
That of an Entertainment Attorney. The title opinion uses the title report and the performed title search that is provided by the title clearing services.
The attorney reviews these documents and will make an educated, expert opinion about whether or not a film’s title is, or is not, safe to use for a production.
Toeing the Line
When an attorney finds that a title has too much potential for copyright or trademark infringement, they will almost certainly say that the title is not satisfactory for use.
This is because the potential risk of using the title, and the copyright infringement cases that could arise out of it, are too high.
However, sometimes a title report will provide only limited risk, and the attorney will be able to conclude that, although there are risks with using the title, the risks are not too high and the title can in fact be used.
Are Title Clearing Services Required?
Although there are not necessarily requirements that a filmmaker employ title clearing services prior to distribution, it is recommended and may be required by the film distributor.
In fact, the distributor is going to require that the film have a clean chain of titles before it can be released. This means that they’re going to want to review all of the appropriate clearances and releases, including the title clearance and letter of opinion.
Since not just anyone can perform a true title search and provide the appropriate title report that is necessary for the attorney to provide their opinion, it is generally advisable that the filmmaker or producer employ the support of title clearing services.
Title clearing services can provide the kind of professional title search, efficient reporting, and necessary coverage required to ensure that no potential copyright or trademark infringement risks have been overlooked.
In Summation
If you’re considering a film for distribution, you’re going to want to budget in for title clearing services. Not only will this help you to avoid potential copyright or trademark infringement cases into the future.
But it will also provide you with the necessary reporting for continued chain of title which is going to be required in order for you to obtain a distribution deal that gets your film into theaters, onto television, or otherwise in front of the eyes of a larger audience.
