Legal and Business Issues

Clearance Procedures: Typical release requirements for Errors and Omissions

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1. The script must be read prior to Production to eliminate any material that may
potentially be defamatory, invades privacy, or may otherwise initiate a claim.
2. The producer and their counsel should continually monitor the Production at all
stages from development to picture lock, to eliminate any material that may give
rise to a claim.
3. A Chain of Title search must be done unless a work is an unpublished original.
This should include domestic and foreign copyrights, and renewal rights.
4. The origin of an unpublished original script should be researched for the basic
idea, sequence of events, characters.
5. A Title Report must be obtained prior to a final title selection.
6. Regardless of the Production being fiction or non-fiction it should be made certain
that no names, faces or likenesses of any recognizable living persons are used
unless written releases have been obtained. The term “living persons” includes
thinly disguised versions of living persons or living persons who are readily
identifiable because of identity of their character, or because of factual, historical
or geographic setting. A release is not necessary if the person in question is not
seen long enough, or in adequate detail to be recognized.
7. All releases must give the Producer the right to edit, modify, add to and/or delete
material, juxtapose any part of the film with any other film, change the sequence
of events or of any questions posed and/or answers, fictionalize person or events
including the release, and to make any other changes in the film that the Producer
deems appropriate.
8. The Producer must obtain all necessary synchronization and performance licenses
for music from the composer or copyright holder. Licenses are required for
prerecorded music as well.
9. Written agreements must exist between the Producer and all creators, authors,
writers, performers, and any other persons providing material or on-screen
services.
10. Releases must be obtained for any distinctive buildings, businesses, or personal
property or products that are filmed. This is not necessary if non-distinctive
background use is made of property.
11. If the Production involves actual events, it should be verified that the author’s
sources are independent and primary (contemporaneous newspaper reports, court
transcripts, interviews with witnesses) and not secondary (from another author).
12. The right to manufacture, distribute and release the Production must be obtained
from all writers, directors, actors, musicians, composers, including holders of
underlying copyrighted materials.
13. If any film clips are used in the Production, licenses and authorizations must be
obtained from the owner of the clip or party authorized to license the clip for
second use. Release is required from any performer or copyright holder within
the clips.

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14. Where the work is fictional in whole or in part, the names of all characters must
be fictional. Clearances must be obtained if real names are used whether living or
deceased.
15. Consideration should be given to the likelihood of a claim, if there is any person
or property portrayed in the Production that has previously sued.