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Script Clearances
The first item the producer must acquire is the Script Clearance Report. This
report will provide the producer with information needed to satisfy the
conditions of the Errors and Omissions insurance carrier, and will minimize
the possibility of legal claims. The Script Clearance Report will alert the
producer to any area of possible legal exposure by thoroughly checking all
names while noting any and all possible conflicts with actual and/or otherwise
protected names and/or entities.
Additionally, a good script clearance report will check businesses, schools,
organizations, product names, locations, and other entities. Fictional names
may also be provided for use by the producer. Defamatory references in
dialogue, as well as references to copyrighted material of all kinds, including
clips, still photographs, books, works of art, props, and other forms of
intellectual property should be checked.
On average, script clearances will cost a producer between $1,000.00 to
$1,200.00 for a feature film, and between $175.00 and $275.00 per episode for
a broadcast program.
The first item the producer must acquire is the Script Clearance Report. This
report will provide the producer with information needed to satisfy the
conditions of the Errors and Omissions insurance carrier, and will minimize
the possibility of legal claims. The Script Clearance Report will alert the
producer to any area of possible legal exposure by thoroughly checking all
names while noting any and all possible conflicts with actual and/or otherwise
protected names and/or entities.
Additionally, a good script clearance report will check businesses, schools,
organizations, product names, locations, and other entities. Fictional names
may also be provided for use by the producer. Defamatory references in
dialogue, as well as references to copyrighted material of all kinds, including
clips, still photographs, books, works of art, props, and other forms of
intellectual property should be checked.
On average, script clearances will cost a producer between $1,000.00 to
$1,200.00 for a feature film, and between $175.00 and $275.00 per episode for
a broadcast program.
Clearances
Title Clearances
The Title Report is a result of a thorough and exhaustive search of prior uses
of your title, as well as other similar or closely related titles. Although titles
cannot be copyrighted, use of a title which is indelibly linked in the public
mind with an existing film or television program (such as "Casblanca") can
subject the producer to possible litigation based upon the likelihood of
audience confusion if the title is trademarked. Other problems can occur if
the producer's title can be linked to a previous successful film or book. The
Title Report will also ensure that another producer is not currently producing
a film or television program with the same title. As such, this Report will
enable the producer to determine whether or not he can safely use the title.
The report should include a search of the U.S. Copyright Office and the
Library of Congress records, common law sources that provide information
on motion pictures, television, videos, dramatic works, comic books, music
and current tradepaper references, and Federal trademark records.
The Title Opinion
The Title Opinion is a document generated by an attorney in which the
attorney gives his or her opinion, based on the information in the Title
Search, as to whether or not the title of the project is safe to use. It is a
requirement for any adequate E&O Policy.
On average, Title Clearance Reports will cost a producer between $275.00 to
$375.00 for a feature film, and the Title Opinion between $175.00 and $250.00.
The Title Report is a result of a thorough and exhaustive search of prior uses
of your title, as well as other similar or closely related titles. Although titles
cannot be copyrighted, use of a title which is indelibly linked in the public
mind with an existing film or television program (such as "Casblanca") can
subject the producer to possible litigation based upon the likelihood of
audience confusion if the title is trademarked. Other problems can occur if
the producer's title can be linked to a previous successful film or book. The
Title Report will also ensure that another producer is not currently producing
a film or television program with the same title. As such, this Report will
enable the producer to determine whether or not he can safely use the title.
The report should include a search of the U.S. Copyright Office and the
Library of Congress records, common law sources that provide information
on motion pictures, television, videos, dramatic works, comic books, music
and current tradepaper references, and Federal trademark records.
The Title Opinion
The Title Opinion is a document generated by an attorney in which the
attorney gives his or her opinion, based on the information in the Title
Search, as to whether or not the title of the project is safe to use. It is a
requirement for any adequate E&O Policy.
On average, Title Clearance Reports will cost a producer between $275.00 to
$375.00 for a feature film, and the Title Opinion between $175.00 and $250.00.
Copyright and the Use of Clips
The Sonny Bono Copyright Term Extension Act of 1998, is legislation that
added 20 years to the previously existing duration of copyright. As a result,
copyrights attached to pre-1978 works- that would have lasted 75 years
from their first publication- now last 95 years; and copyrights attached to
1978 and after, whose copyrights would have lasted for the lives of their
authors plus 50 years, now last for the lives of their authors plus 70 years.
This law was partially created as a response to the length of copyright laws
in foreign countries- which have always been anywhere from 70 years plus
the life of the author, to 90 years from the publication date. Yet, clearly it is
different for each country, so your production should pass muster under
the most stringent copyright requirements in order to be protected.
Once the copyright runs out, the creative work falls into the public domain
and can be used freely by anyone without a payment and/or licensing fee. If
the work is not in the public domain, it is considered intellectual property--
property which is not any less viable than an automobile. As such,
permission must be obtained from the owner for any use of the material.
The Copyright Act provides substantial penalties for copyright infringement
ranging from $10,000 for accidental infringement to $250,000 for willful
infringement.
As an aside, news organizations can license the footage that they have shot
at a press conferences to other entities. However, they can only license the
copyright. They cannot give the licensee rights to the appearances of the
people who appear in the clips-- including the anchor people, the news
reporters and ordinary people who are interviewed on the show. So, in
order to obtain an E&O policy, the use of anyone's name and likeness may
require additional clearances.
The Sonny Bono Copyright Term Extension Act of 1998, is legislation that
added 20 years to the previously existing duration of copyright. As a result,
copyrights attached to pre-1978 works- that would have lasted 75 years
from their first publication- now last 95 years; and copyrights attached to
1978 and after, whose copyrights would have lasted for the lives of their
authors plus 50 years, now last for the lives of their authors plus 70 years.
This law was partially created as a response to the length of copyright laws
in foreign countries- which have always been anywhere from 70 years plus
the life of the author, to 90 years from the publication date. Yet, clearly it is
different for each country, so your production should pass muster under
the most stringent copyright requirements in order to be protected.
Once the copyright runs out, the creative work falls into the public domain
and can be used freely by anyone without a payment and/or licensing fee. If
the work is not in the public domain, it is considered intellectual property--
property which is not any less viable than an automobile. As such,
permission must be obtained from the owner for any use of the material.
The Copyright Act provides substantial penalties for copyright infringement
ranging from $10,000 for accidental infringement to $250,000 for willful
infringement.
As an aside, news organizations can license the footage that they have shot
at a press conferences to other entities. However, they can only license the
copyright. They cannot give the licensee rights to the appearances of the
people who appear in the clips-- including the anchor people, the news
reporters and ordinary people who are interviewed on the show. So, in
order to obtain an E&O policy, the use of anyone's name and likeness may
require additional clearances.
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