The Front Row View (entertainment insurance blog)
IDA Producer's E&O: What is My Distributor / Financier Asking For?
2 October, 2023 • Kent HamiltonDocumentary E&O Insurance | IDA Insurance | IDA Members Insurance Why is errors and omissions (E&O) insurance needed for a documentary? You sold your documentary! You met your distributor requirement of obtaining a three year E&O policy through the IDA (International Documentary Association) program. Congra...
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...
How does SOCAN play a role in helping a film producer ensure that they have their bases covered?
1 September, 2023 • Byron PascoeByron Pascoe: SOCAN is an organization of nearly 200,000 members in Canada, fully composed of music writers and publishers but mostly composed of writers. And when writers write a song, whether they’re a beatmaker or producer or lyricist or rapper, etc., they register themselves as a SOCAN writer member, and they shoul...
What about when film producers are unable to obtain music rights?
22 June, 2023 • Byron PascoeWhat about when you have bargained for music rights but were unable to obtain them? Byron Pascoe: Producer’s errors and omissions (E&O) insurance applications have a lot of questions and they are important questions to consider. Oftentimes, I suggest to producers that before they start filming or planning anything,...
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....
Members of the IDA Now Have Exclusive Access to a Producer’s E&O Insurance Program
24 May, 2023 • Kent HamiltonLos Angeles, CA – May 24, 2023 – Front Row is proud to present a partnership for members of International Documentary Association (IDA). This program is designed to provide coverage for your specific and unique documentary at preferential rates. The program can offer discounted premiums compared to other standard marke...
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...
The Evolution of Clearances for Animated Programming
1 February, 2023 • Krista JohnstonUnlike some live-action shows, animated TV isn't just limited to a television screen. It branches into other areas such as merchandise, spin-off series, toys, apps and games, clothes, lunchboxes, online website content, YouTube videos, etc. Having DVDs, books, branded clothing and toys can ensure an animated program’s ...
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 ...
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