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. ...
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...
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....
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...
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. ...
The Delicate Art of Making a Bio Pic without Getting Permission
25 June, 2015 • Jeff Young and Tarek ElneweihiThis article is written for the sole purpose of providing general legal information and education and is not intended as a legal opinion specific to the laws of your jurisdiction. Image: Shutterstock. Can you make a documentary (or any film) about someone without their permission? So, after seeing The Social Network yo...
The Delicate Art of Making a Bio Pic w/o Getting Permission (Part 2)
25 June, 2015 • Jeff Young and Tarek ElneweihiRights of Publicity The Right of Publicity is both a statutory and a common law right to limit the public use of one's name, likeness and/or identity, particularly for commercial purposes. As opposed to the Right of Privacy, the Right of Publicity survives death. The applicable law is based on the person’s domicile whe...
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