The Front Row View (entertainment insurance blog)
The Importance of Getting Media Releases from Cast and Above-the-line Crew
30 August, 2024 • Grant PattenImage credit: Shutterstock In filmmaking, obtaining media releases (also known as talent releases or actor releases) from the cast and above-the-line crew (i.e., creative personnel) is important for several reasons: **Legal Protection**: Media releases provide legal protection to the filmmakers and production company. ...
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...
How can a film composer or film producer avoid copyright infringement for music?
25 June, 2024 • Byron PascoeHow can a film composer/producer avoid copyright infringement for music used in a film production? Byron Pascoe: The way to avoid copyright infringement with respect to music in productions is to not infringe someone’s copyright; i.e., to create original music. It’s as simple as that. There are only so many keys, chord...
What role do music credits play with regard to film producer's E&O insurance?
28 May, 2024 • Byron PascoeByron Pascoe: Whenever I watch a production, I read all the credits. It’s important that we review credits and recognize all the people involved in any kind of production. With respect to music, it’s important that each song is referenced in the credits if you have told someone you’re getting the rights from that you’r...
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...
What are considerations around singers performing music in a film?
1 February, 2024 • Byron PascoeByron Pascoe: When singers are singing a song in a film, the first point is that if you’re a producer and you have someone singing in a film and it’s actually them singing (not a recording) a song that exists, you need permission to use the composition in the film. If you are recording someone singing a song in a film,...
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...
Who can give consent to have music be in a film?
4 December, 2023 • Byron PascoeByron Pascoe: There’s a pretty broad range of types of people and companies who can give consent to have music in film. Approximately 100,000 songs are uploaded to Spotify every day; there’s a lot of music that’s out there. Most music that is created and put out there in the world is created by independent artists who ...
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...
What’s a music exclusion in the context of producer's E&O insurance?
12 October, 2023 • Byron PascoeByron Pascoe: A music exclusion essentially means that you have a producer’s E&O insurance policy but music is not included yet. So, sometimes you need to have E&O well before you know what music is going to be in your film and before you have consent from the music owners to use the music. For example: if some...
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