04 – Legal security
Clearance work begins in the development phase of filmmaking when utilizing underlying works such as books, scripts, or articles. Work with legal counsel to obtain a copyright report to ensure that the chain of title of all works on which your production is based is thoroughly investigated and cleared back to the original copyright holders. Written agreements must exist between the producers and any person providing material to avoid the risk of legal issues arising later.
During pre-production and production, focus on ensuring you have written releases for faces and likenesses of any recognizable living person who appears in the film. The releases must include the right to edit, modify, add to or delete material and change the sequence of events.
During post-production, secure music rights from composers and/or performers of specially commissioned music and musical clearance with owners of pre-existing music and recordings.
Secure rights for the use of photographs or film clips from the copyright owner and permission from those who are depicted in the photographs or film clips OR secure a fair use opinion letter from an experienced clearance lawyer.