What is a Film and Television Letter of Opinion?

Whenever a film is produced and prepared for distribution several steps must be taken to ensure there will be no legal repercussions. Especially in regards to copyright or trademark infringement. The film’s title is one of the hardest decisions to make. Particularly when it comes to distributing a film or television show. Why? Because there are so many risks associated with the potential for copyright infringement. Including when it comes to naming a film or television show. Avoiding copyright or trademark infringement is incredibly important for filmmakers. Which is why they will seek title opinions from a qualified attorney in advance of the distribution. But what is a letter of opinion?

What is a Letter of Opinion?

Say you’re new to the film industry. Or you’ve never been involved in the production and distribution of a film or television show showing on a large scale.

You might have thought that coming up with the title to a film or television show is purely a matter of conjuring up a name that you thought sounded good.

While that is the first step, our human nature is to draw from past experience and from what we know. This means that even when we come up with the title to a film or television show that we “think” is all ours?

There’s a chance that we’ve embarked on potentially drawing from other experiences. And that we’ve chosen a name that is similar to another copyrighted work.

Special Report

To help filmmakers avoid copyright or trademark infringement cases. A title opinion letter, sometimes called a letter of opinion, is drafted by a qualified attorney.

The letter of opinion represents a special report. One created by the attorney stating that in their own opinion. And based on their expertise and research. The title is (or is not) a wise choice to proceed with.

The letter of opinion will also offer details. Like the level of risk involved in the use of the title. As the attorney sees it.

Is a Title Opinion and a Title Report the Same Thing?

It’s important to understand that a title report and a title opinion are not the same. The title opinion is distinctly different from the title report. A title report specifically lists the various titles that are similar to the proposed title for a film.

As well as any trademarks which may be similar to the proposed film title. Unlike a title report, a title opinion does not list any potential trademarks. Or titles that are close to those proposed for a film.

But instead represents an attorney’s opinion as to whether or not the title is available to use for a film. This according to their own legal expertise. As well as their review of the results provided in the title report.

The Takeaway

Thus, for a letter of opinion to be formulated by an attorney? They must first have a title report. Which can be reviewed so that they can assess potential risk of copyright or trademark infringement. Should a particular title be used for the film.

The letter of opinion is the attorney’s opinion of the title report and potential risk of using a title. Which tends to include a one to five page summary of the attorney’s opinion of the matter.