Understanding Clearances in Film & TV Production
Importance of clearances & script clearance reports
Most of a production budget will go ‘on-screen’, however, clearances and script clearance reports (neg-checking) are the unsung heroes behind the scenes, safeguarding the integrity and success of cinematic endeavours. The process requires meticulous attention to detail from all involved and although seemingly mundane and tedious, clearances are essential for avoiding legal disputes in a litigation savvy world. Whilst it can be frustrating for Art, Set Dec, Props teams and Directors, challenging their perceptions of quality and artistic integrity of set designs, where changes are asked for fast on set. With this sometimes comes a difficulty in understanding the legal implications of clearances from crew, but equally, clearances can inconvenience the practicalities of filming, which is why it’s important who you choose to work with always provides a fair analysis and takes time when explaining the rationale behind decisions reached and relaying feedback from third party IP owners i.e. brands.
What is Errors & Omissions insurance?
It is unreasonable to expect on-set crew to recognise what Errors and Omissions insurance is. The implications of all the warranties Producers must give regarding the production’s chain of title and all filmed content, which distribution and exploitation of the production hinges on. This onus falls on the Producers and production companies, highlighting the importance of having someone with the knowledge and skills to negotiate and draft these early agreements pertaining to copyright e.g. writers agreements and option agreements, or more commonly relied on by the US and less binding, attachment/shopping agreements.
Mitigating risk in your production
It is very beneficial to discuss the level of risk mitigation with the production company and then review accordingly. A later blog piece will discuss the differences in approach e.g. the exercise and reliance on the ‘incidental inclusion’ rule and whether copyrighted and trademarked materials appearing in the background of scenes require clearance. Whilst a low budget or short film, with a limited distribution, generally has a lower likelihood of infringement, it is still essential to maintain the same approach to clearances as a HETV or feature film.
Outlining potential legal issues (neg-checking)
At the inception of a screenplay that has finally been greenlit, a neg-check serves as a comprehensive guide 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. A neg-check will help streamline the production process by identifying practical challenges. For example, they may highlight logistical issues related to filming in certain locations or using specific props. It’s an indispensable tool to navigate the complex legal landscape of the entertainment industry and contribute to the successful realisation of creative visions whilst minimising the risk of legal disputes.
Music and video clip clearances
Music and video clip clearances are among the most challenging aspects of the process. Securing the material requires negotiating with multiple rights holders, and in the case of video clips, whilst a buyout of all rights with the production company is less common, they are able to provide all the necessary warranties including the cast, director, music etc. The costs associated can also greatly vary depending on factors such as the prominence of the material and its intended use within the production.
The next time you immerse yourself in a film or tv series take a moment to appreciate the importance and intricacies of clearances that make it all possible.
Should you have any questions or wish to discuss your upcoming productions, please do get in touch.
Jessica Moran
