Important Intellectual Property Rights Film Producers Must Understand
The term Intellectual Property Rights stands loosely for the area of law that offers protections. For the products the creator’s mind produces: personality and underlying abilities. Whereas real property is that which is tangible, intellectual property is that which the human mind derives from. Thus as a film producer who actively engages in both the use of, and the creation of, intellectual property. You really should pay special attention to these important intellectual property rights film producers must understand and follow.
At Beverly Boy Productions, we take intellectual property rights seriously. We actively engage in the necessary steps required to secure copyright clearances. And all associated intellectual property rights for any film we produce.
Copyright Protections
Copyright protections are the most important of all intellectual property rights film producers can really rely on. The copyright protects the rights of the creator or owner of a film or creative work. To prevent the unauthorized use of the original works without the creator’s permission.
As a film producer, you must be prepared both to acquire copyright licenses in order to use copyrighted material. Such as music or a script in the production of your film. But you must also understand your rights to protect your film once it is complete.
The collaborative endeavor of Copyright protection provides intellectual property rights to you. Protecting your film from reproduction, distribution, or from otherwise being copied without your permission.
Trademark Protections
Another area of protection that comes up frequently in intellectual property rights for film producers is the trademark. Protecting the trademark of your business, such as your film studio’s trademark, or key characters from a hit movie.
Provides an added layer of intellectual property rights above and beyond that provided by the copyright. Registering important characters and film elements for trademark protection can prevent others from attempting to sell merchandise.
Or various products that include “trademarked” characters representative of your film. After all, you want to have the decision making power over who gets to use these characters.
And you should also have a right to the profits that arise out of the use of your characters for merchandise or other products as this can offset your production or distribution costs.
Right of Publicity
People have the right to control how others use their image, name, and likeness for commercial use or profit. The right of publicity is another one of the many intellectual property rights film producers must be aware of and prepare to abide by.
The use of someone’s image, in a film or other project, for commercial distribution must only be done so with the permission of that individual.
Fair Use Doctrine
With the expectation that all of the intellectual property rights film producers know and follow they also have a bit of a safe harbor or exemption in certain cases.
The fair use doctrine states that filmmakers can actually legally use copyrighted works. And other intellectual property under certain circumstances and as long as they meet the 4 factor fair use definition.
These 4 factors include:
- The purpose and character of the use of the copyrighted work must be transformative. And it must be used for educational purposes or of a commercial nature.
- The nature of the copyrighted work used is factual.
- The amount of the work used is minimal and only what is necessary for transformative purposes.
- The effect of the use of the work on the market of the original copyrighted work should be minimal. As the transformative use of the work should create an entirely new market for which this work is produced.
Consider Intellectual Property Rights from the Very Beginning
It’s very important that the intellectual property rights film producers are thinking about. Such as copyright and trademarks. And whether or not they qualify under fair use come up in the very beginning of a production.
Considering intellectual property rights from the start of a film project will help the filmmaker. To establish a clean chain of title as they progress through the production process and complete the project.
This is incredibly important! As clearance and ensuring the ownership of all relevant intellectual property will be a major influence on whether or not the filmmaker secures a distribution deal for their project. Or is able to move through with distribution when finalizing a deal.
Clearance rights are absolutely critical as the film nears completion and any instance of conflicting copyrights or any lack of rights can limit the potential for the film to ultimately receive final proof of ownership for the filmmaker which is necessary for the chain of title.
What Filmmakers Must Consider for Intellectual Property
Paying close attention to intellectual property rights film producers must follow is essential from the start of a production through the very end and even once the film has been released for distribution, too.
Intellectual property is going to be a key area to think about. During the preparation of the script, the props, the use of special effects, methods for use in post production, the exploitation of trademarked characters, merchandising, and in various other areas.
The copyright, trademarks, registered designs, patents, and various other inclusions of intellectual property protection for the film must be coordinated during the course of production.
To ensure full and complete protection for the creative works that represent the intellectual property of the filmmaker.
