The Front Row View (entertainment insurance blog)
How a specialized film insurance broker can help your production
2 July, 2024 • David HamiltonHow a film insurance broker helps A broker will help identify the risks associated with a production. Once the risks are identified, the risk can be transferred to an insurance company for a fee or premium. The film insurance broker negotiates the lowest possible premium and the broadest coverage available in the marke...
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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