Film & TV Clearances - Key Points

In the first quarter of 2025 I have been invited to give a university lecture to a cohort of students as an introduction to film and tv clearances. I hope to provide them with a solid foundation and early understanding for their future endeavours and whilst I prepare for this it provides a great opportunity to round up the key points concerning clearances for productions.

Chain of Title

Is the concept of securing all conceivable intellectual property rights in a project, which stem from the original story or script or other source of material. Financiers and distributors rely on a clean chain of title; it is a key warranty (promise) that the production company must give to secure financing, distribution or licensing for the project.

Errors & Omissions Insurance

Is a crucial insurance protecting the production company from any claims made against them for intellectual property (i.e. copyright and trademark) infringement, defamation, plagiarism and breach of privacy. In this litigation heavy world it has become a necessity for distribution.

Script Clearance Report

Serves as a comprehensive report outlining potential legal issues, such as copyright infringement, trademark violations, and defamation risks associated with the content of a script. It is imperative to meticulously analyse every element of a script, from character names and dialogue to props, music, video clips and locations as well as address any defamation concerns by flagging any content that could potentially harm an individual or entity’s reputation.

Neg-Checking

Is the process of identifying elements in scripts or for use on graphics and props that require research to ensure that their use does not infringe the rights of any person or company. Common elements to check include names, addresses, numbers and company names.

Legal Protection: the use of Releases (i.e. Licences)

Is the legal agreement, which the production company enters into with the third party permitting use of their intellectual property without transferring ownership (whereas an assignment would be a complete transfer). It allows the licensor to grant limited rights e.g. the medium (media), territories and period of time. A writer may sell their screenplay by way of assignment to a production company, whereas a brand will licence their IP for use in a production.

Undue Prominence

Refers to the distinction between content and advertising and ensures there is not disproportionate emphasis on a product, brand, individual or topic featured in a production with television broadcasting. In the UK, Ofcom is the regulatory authority and the consequences of excessive prominence can lead to complaints, penalties or reputational damage.

Prop Placement vs Product Placement

Whereas prop placement uses physical objects to enhance the realism of a scene, product placement is the intentional inclusion of a branded product for the purpose of advertising and promotion.

Defamation

Breaks down into a) libel, where defamation is through written or published content, and b) slander, where defamation is through spoken words. Defamatory material must be identified prior to production. Characters are often fictionalised to avoid defamation.

Action Props vs Set Dressing

Serve different purposes in a production. An action prop will play a crucial role in the action of a scene, and from a clearance perspective, commonly, will be a book, phone, or food / drink item, whereas, set dressing refers to the collection of items, which contribute to the overall aesthetic of the scene. Generally speaking, set dressing items are not individually distinguishable by design and branding on screen.

Incidental Inclusion

Is an argument, assessed on a case by case basis, whereby third party content can be used on screen without the need for licensing. The legal implications of incidental inclusion vary depending on the jurisdiction, but generally speaking, where the inclusion is brief and not serving as a focal point, it may fall under this exception.

Logos, Trademarks & Recognisable Designs

Whereas a logo can be a trademark, not all trademarks are logos. Company logos, brand logos, sports team logos, film and video game franchise logos will most likely be trademarked and require clearance. Distinctive packaging designs, which include their shape, colour and often iconic presentation, will also likely be trademarked.

Artwork

Is a very litigious area, where in my experience, exceptions should never be made when clearing artwork with artists, whether featured or for set dressing purposes only. Moral rights are legal protections granted to artists that safeguard their personal connection to their works and production companies require artists to waive these rights for the use of their work.

Photographs

Unless in the public domain, require the permission of the photographer and any person(s) and third party property identifiable.

Literary Works

Include novels, magazines, comics, newspapers, poems, plays and quotations, all of which require the permission of the author or publisher, unless in the public domain. Common uses are where the front covers are distinguishable on screen as a prop, and where inside pages are visible or read aloud from an additional layer of clearances are required.

Vehicles & Phone Numbers

Are substituted with cleared alternatives to avoid privacy concerns and any legal liabilities. In the UK, Ofcom provide a geographic number range for use on productions. There are more methods available where number plates are concerned in the UK, budget dependent: (a) licence a plate with the DVLA specific for use in production, (b) blurr the plates in edit, and (c) use a crew member’s plate, who has signed a release. 

Miscellaneous (inc Money, Stamps, Insignia, Graffiti, Tattoos)

With money there are restrictions on reproducing British banknotes and coins; stamps may require navigating copyright and trademark laws with postal services or governments; insignia, such as military emblems, government seals, university or sports team logos and religious or cultural symbols have copyright and trademark protections and require clearance; although graffiti is often created in public spaces, it bears artistic merit and may be protected by copyright, therefore due diligence should be done to locate the artist; and tattoos are also eligible for copyright protection, so where designs are shown clearly and prominently, permission should be sought from the tattoo artist (or their estate, if deceased). 

Music Clearance

Requires identifying the correct rights holders for both the composition and the recording of a track. Composition rights, otherwise known as publishing rights, are the underlying musical composition and are typically controlled by the songwriters and publishers. Sound recording rights, otherwise known as master rights, are the recording of a song and are typically controlled by the record label or the artist. Although many classical compositions are public domain, any modern recording would be protected by copyright. 

Footage & Clip Clearance

Whether news footage, a games show, television drama or feature film, a licence should be negotiated with the appropriate broadcaster, network, news organisation or production company identified as the rights holder and typically, licences exclude third party rights, therefore, music, talent and any logos or trademarks will require further negotiation. 

Varying Approaches of Production Companies

To risk mitigation i.e. their willingness to exercise and rely on the incidental inclusion argument discussed earlier and whether copyrighted and trademarked materials appearing in the background of scenes require clearance or not.

I have extensive experience in all of the topics covered above.

Should you have any questions or wish to discuss your upcoming productions, please do get in touch.

Jessica Moran