BY: Tifanie Jodeh
The script, all script
revisions, and every item to be used as a prop and/or set dressing must be
cleared.
Rule of thumb: You
either clear it or ditch it! This rule of thumb should be applied to each and every
clearance issue and item under review for use in a film. It's best (and
cheaper) to do this BEFORE you start shooting. If you aren't able to get
it cleared, then you know not to use it.
I recently conducted
clearance review on a film (already shot) and identified for the producers some
items which had clearance exposure and risk. One particular troublesome
issue was the use of a major airline's webpage in a scene. The use of the
website was a key point in the scene. While I was successful in obtaining
permission for the use, it took approximately 1 month to get all the required
approval from the airline and a volume of correspondence regarding the use of
the airline's logo in the scene and in the film.
“Clear” means: for
script elements (discussed below) that, following legal review and research,
that there are no legal issues, or in the case of other items (as discussed
below), that proper written authorization has been obtained for the use.
Below, find a list and
examples of the most commonly items cleared in a film:
Literary Works: Literary works, which include books, short stories, film, television programs, art work, fine art, still photos, among other things, must be licensed.
The Script: All drafts of the script and any material
revisions needs to be researched by a professional script clearance company and
reviewed by your attorney who will provide recommendations for changes to the
script in order to avoid exposure.
News and/or Stock
Footage: News
organizations can license the footage that they have shot at press conferences
to other entities. But, any people who appear in the shot, for example a
news anchor, will have to be separately cleared.
Locations, Buildings, and
Installations: Examples
Include: Parks, cemeteries, office buildings, promenades, and homes.
Photographs: Still photos fall into several categories: These include: Publicity Photos (photos
for publicity in a film); Production Stills (photos
taken on behalf of the production on the set of the motion picture or TV); Film Posters; Paparazzi Photos; and Magazine Covers, Website Front Pages, Book Covers involve
three layers of clearance: 1) the magazine, 2) the photographer who took the
photo and 3) the person who appears in the photo.
Music: Hire a good music supervisor! No
on-camera use of music in any form (including humming, whistling, reciting of
lyrics in dialogue or otherwise) can be used unless it has been cleared. To
the extent non-original music is used, the music supervisor or whomever may be
required to obtain two forms of licenses: Synchronization license
and Master use license.
Apparel/Products/Logos: Featuring a product, service logo or trademark
(a Nike logo on a shirt) must generally be cleared. If a product has
not been cleared, then caution must be exercised as to how it is used in the
film, it cannot be featured or used or referred to in a derogatory
manner. Items such as groceries (Coolwhip), candy (Willy Wonka),
chips (Doritos), drinks (Red Bull), health (Advil) and beauty products
(Maybelline) should be cleared or created as something original by the props
department.
Props/Production Design: Examples include: Publications
(magazines, newspapers, book, articles); Paintings and Fine Art; Posters,
Record Covers and CD Covers; Graffiti and Tattoos; Games, Weapons, Vehicles and
Toys; Logos and Trademarks.
Motion Picture/Television
Clips: It is
recommended that any excerpt from a feature film or television show must be
licenses from the copyright holder and an agreement negotiated for payment for
use of the clips(s). Note here that special consideration must also be
taken for SAG/AFTRA and/or DGA reuse rights of any actor appearing in the clip.
Youtube/Online
Clips/URLs/Websites: It is a
misconception that because these online sites are public, that the content is
open and free to use. In fact, this is not true and permission should be
obtained.
Contact our office with
any questions or production legal needs you may have. We are available
for phone consultations by appointment. Contact us at
asst@entlawpartners.com
COPYRIGHT & DISCLAIMER
Tifanie Jodeh is Partner
at Entertainment Law Partners dedicated to corporate, business and
entertainment affairs. You may contact her at
Asst@entlawpartners.com.
Tifanie Jodeh grants
column recipients permission to copy and distribute this column and distribute
it free of charge, provided that copies are distributed for educational and
non-profit use, no changes or revisions are made, all copies clearly attribute
the article to its author and include its copyright notice.
DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein.
DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein.
