The Front Row View (entertainment insurance blog)
Filmmakers: You May NOT be Covered under Homeowners Insurance
17 September, 2024 • David HamiltonImage: Shutterstock You arrive back at your apartment to find your door pried open and your camera, sound and lighting gear missing. You take out your phone and call your insurance broker to report the claim under the homeowners policy that you purchased. An adjuster is assigned. The claims adjuster does a web search a...
Self-distribution models for film productions: What are the risks?
29 February, 2024 • Dave SternSelf-distribution models (e.g., YouTube) for film productions: Increased or decreased risk and insurance cost? Dave Stern: It’s a good question because it really comes down to: the risk is tied to the exposure. If five people see a movie, the risk is low; if 10 million people see a movie, the risk is high. Something co...
Music licenses for non-original music used in a film production
29 January, 2024 • Dave SternHow are music licenses obtained for non-original, pre-recorded music used in a film production? A lawyer explains. Dave Stern: For original music such as a composer who creates a score for the production, you would typically engage the composer directly and have them sign a composer agreement or a deal memo to ensure t...
Producers: Buy an E&O policy before going into production or wait?
12 September, 2023 • Dave SternFilm Producers: Buy an E&O policy before going into production or wait until the project has been sold? Dave Stern: I think as an entertainment lawyer, we would always rather a producer’s errors & omissions (E&O) policy be obtained as early as possible, certainly before production would be ideal. In a lot o...
Dead persons in a film production have a 'right of publicity'
1 June, 2023 • Dave SternDead persons in a film production (through their representatives/heirs) have a "right of publicity": a lawyer explains. Dave Stern: Whether someone is alive or deceased, they do have a right of publicity, which means that they are (or should be) in control of the way their personality, their image, their likeness is di...
How does a clearance lawyer determine what material has to be removed?
29 May, 2023 • Dave SternHow does a clearance lawyer determine what material has to be removed from a film production? Dave Stern: It’s really a question of risk. The general rule is: any time that a producer or individual is using someone else’s IP, or their image or likeness, any intellectual property rights that belong to someone else (i.e....
Does a film producer need to obtain releases for photos from the web?
1 May, 2023 • Dave SternDoes a film producer need to obtain releases from individuals appearing in photos that are on the Internet? A lawyer explains. Dave Stern: Regardless of genre, being a relatively practical but relatively risk averse entertainment lawyer, I would always advise from the get-go to obtain any and all possible releases. For...
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