Documentary Film Rights Clearances Procedures for Independent Filmmakers
You’ve spent months working hard on your documentary. You found the most informative people to interview, securing the most profound footage to incorporate in. And you’ve managed to pull it all together with some of the best post-production editing you’ve ever seen. As your documentary film nears the point of distribution, once you’ve passed the point of music and final rendering. It’s time to start thinking about the documentary film rights clearances procedures that you’ll take to ensure the proper legal protections for all of your hard work.
Taking the time to establish documentary film rights clearances procedures. Which effectively scrutinize all of the fine details of your film, chain of title, and the rights that you’ve secured over the duration of the project.
Which can literally be the difference between whether your film is ready for distribution without worry. Or could potentially be a lawsuit just waiting to happen.
Why are Documentary Film Rights Clearances Important?
If you’re not sure whether rights clearances are really important or even necessary, you probably haven’t ever had a real issue with post-distribution lawsuits being filed.
For things like copyright infringement, invasion of privacy, or various other intellectual property rights issues. Perhaps you’ve been fortunate enough to have never experienced a lawsuit for unauthorized use of intellectual property. But there’s a first time for everything!
Full Rights Clearance Review
Rights clearance represents a multi-faceted approach to reviewing your documentary. In order to identify and separate out any potentially risky material that may be implicated in a lawsuit.
Be it for trademark infringement, copyright infringement, or a violation of proprietary rights or intellectual property rights.
Not only is it important to clear your documentary work as a whole. It’s also important for a full rights clearance review. To ensure that each individual element of the work has been identified, thoroughly examined, and appropriate rights or licenses secured. And all ahead of distribution.
Documentary Film Rights Clearances Procedures
Want to know how you can successfully go through the documentary film rights clearances procedures such that you can:
- Identify any content that should be under protection.
- Determine copyright ownership or any third party controller of rights.
- Evaluate where permission is necessary for third party content.
- Seek permission from the appropriate rights owners where required.
Clean Chain of Title
Keep in mind that in order for your documentary to have a clean chain of title? You must secure proper rights clearances for each element in use within the film unless these works are under fair use.
Also know that fair use is a defense to a lawsuit. Therefore in order to state a claim of fair use, you will face a lawsuit. And thus, you might want to take the steps ahead of time. To secure appropriate permissions rather than risk a lawsuit.
The process of clearing your film for distribution requires you to perform due diligence. To ensure that you have taken all necessary steps to secure rights to use any of the intellectual property contained within the film.
Why is a Review of Rights Clearance Procedures Important?
Throughout the production of your documentary you’re going to take steps to secure the permissions, licenses, and copyright rights that are required for the various songs, music, performances, and other intellectual property that is incorporated into the film.
From the planning of a production script, during which time you probably already managed to secure permissions from a variety of third parties until this point of actually having the tangible finished project in hand and ready for distribution, a lot could and probably did change.
This is why it’s absolutely vital for a rights clearance review before distribution. You never know where a location changes to last minute, a snippet of music put in during post, or the addition of a background extra.
When it wasn’t in the original production plan. And all of these tiny little changes could potentially carry HUGE risks in regards to legal exposure – all it takes is forgetting a release form.
What’s the Procedure Like?
Reviewing the documentary film rights clearances before distribution is a procedure that will take your attorney a bit of time. Be patient! They will start by reviewing your existing legal paperwork and your completed film. They’re looking for inconsistencies in documentation!
Particularly they’re looking for any of the following potential discrepancies:
- Changed locations last minute, and forgot to have a location release signed.
- Brought in additional props to the set last minute, and some of them have trademarks. The only problem is – you didn’t get permission.
- Filmed in a museum, and you have the museum release to prove that you had permission –but you also caught some of the famous artwork within the shoot – and you don’t have permission from the artist.
- Recorded an interview in a person’s home, but the radio was playing in the background and you don’t have the license for the song that can be heard.
- Included music in the end of your documentary, but you didn’t license the recording that is heard.
Without Proper Permission
All of these instances could give rise to a lawsuit if you distribute your documentary. And the original owners of the copyright or intellectual property listed realize that you’ve used their work without proper permission.
This is why it’s so important to review your documentary film rights clearances ahead of distribution.
What Happens When Discrepancies Are Found?
When your attorney finds discrepancies, like any of those listed above, they will generally provide you with a formal, written opinion letter that states what their opinion is of your risk to be sued. Say they believe that there is a significant legal risk.
They will likely have you take additional steps before you distribute the film. This may include seeking permissions from the copyright or intellectual property owners ahead of distribution or securing E&O insurance if such can be obtained.
The Takeaway
If you don’t have E&O insurance, and you don’t seek proper permissions, your risk of being sued for copyright infringement, trademark infringement, or some other violation could potentially bankrupt your film.
These types of violations can be a serious backfire for the typical filmmaker. You should try to avoid them if possible.
Thus, you really want to take time to examine your documentary film rights clearances procedures ahead of distribution to ensure that you know your risk, and your rights, before your film reaches the masses and the risk for a lawsuit is increased.
