The Front Row View (entertainment insurance blog)
How do fair dealing and public domain apply to music used in a production?
1 November, 2023 • Byron PascoeByron Pascoe: It’s a general misconception that if only a few seconds of a song or stock footage clip or anything is used, that it’s OK to use; that’s just not accurate. I hear a lot, “Well, if I only use 10 seconds of this thing, is it OK?” And my answer always is no. There’s no “10 second rule”; it’s not like a sandw...
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....
What is incidental inclusion?
3 January, 2023 • Nathaniel LymanI get asked all the time about the concept of incidental inclusion and while it is a feature in the Copyright Act (Canada) that does allow the use of copyrighted materials without permission, I always caution clients to not rely on that. Essentially, it has to be incidental; i.e., not deliberate. So, that means if you ...
How can a film producer obtain permission to use content protected by copyright?
20 September, 2022 • Doran ChandlerHow can a film producer obtain permission to use content protected by copyright? A lawyer explains. It happens more often than you might expect: a producer completes a film, locks picture, makes a sale, and then drops by our law office to inquire about “clearing” the film for Errors & Omissions insurance coverage. ...
E&O considerations for US-based filmmaker vs. Canada-based filmmaker
17 April, 2020 • Kailin CheFair use vs. fair dealing Are there different e&o considerations for a US-based filmmaker vs. a Canada-based filmmaker? E&O INSURANCE FILM | ERRORS AND OMISSIONS INSURANCE FILM: Kailin Che (Lawyer): There are definitely differences in the applicable laws affecting E&O considerations between US and Canada. A...
E&O: Are There Different Things Needed for a Documentary vs. a Drama?
16 December, 2019 • Remy KhouzamRemy Khouzam (Lawyer): From an errors and omissions (E&O) perspective, you have to look at the project based on what challenges it presents. So, a documentary will have different legal concerns than a drama. E&O Insurance and Documentaries For documentary, we’ll mostly be looking at privacy issues, potential de...
Fair Use Misconceptions and Filmmaker E&O Insurance - Part 2
24 October, 2018 • Casey BuddenFAIR GAME? - A FAIR USE PRIMER FOR DOCUMENTARY FILMMAKERS (Part 2) Applicable to US-based producers only. For a discussion of fair dealing (Canada), click here. Not all uses of copyrighted material in your documentary will require you to obtain permission from the copyright holder. If you can argue that your use of the...
Fair Use and E&O Insurance for Filmmakers - Part 1
24 October, 2018 • Casey BuddenFAIR GAME? - A FAIR USE PRIMER FOR DOCUMENTARY FILMMAKERS (Part 1) Applicable to US-based producers only. For a discussion of fair dealing (Canada), click here. “If I have seen further, it is by standing on the shoulders of giants.” –Isaac Newton As a documentary filmmaker, you’ll likely need to make use of copyrighted...
DOC Canada Documentarians: What is E&O Insurance?
7 March, 2018 • David HamiltonDoc Producers' E&O Insurance E&O considerations that a documentary producer must make: You arrive home after the screening of your documentary at a well-known film festival. The film was well received. You feel great! Your years of hard work and investment have paid off. Your distributor is happy. But even more...
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