Whether you are a producer, director, screenwriter, novelist, or photographer, it is imperative you stay focused on copyright, privacy and publicity clearance issues.

Having an unlicensed piece of footage in your film may mean the difference between a sale or distribution deal, or not. Making a person the subject of your story without having the appropriate signed releases or agreements may mean you are working on a story that someone else can stop you from selling or publishing.

Here is a partial list of issues to be mindful of as your production moves forward:

Writers
Does your story involve real people or real life events? Have you obtained their life rights or story rights through a well drafted, signed agreement, in writing? Is the person “recognizable” in your story? Is the person a “public person” or a “private person?” If a public person, has the subject signed a well drafted agreement pertaining to their right to publicity? Does any of the information or points in the work invoke issues of defamation, libel, slander or product defamation?

Have you written into your story any intellectual property of another – words, characters, songs, song lyrics, images, quotes, etc.? Are any of these elements in the “public domain?”

Note that the “public domain” does NOT mean “publicly available” or “out there on the internet.”

And “fair use” does not mean that simply because something can be easily grabbed off the internet that it becomes “fair use” material in a new creative work. Possibly, but very possibly NOT. Nor does “fair use” allow use of the works of another simply because your project is low budget, or not intended for commercial distribution.

Producers and Directors, Photographers and Graphic Artists
Are you certain your writer had clearance for everything that made it into their script or story? If not, the mistake becomes your problem as you take the writing into the next medium.

Is your director, cinematographer or anyone else involved in capturing the images of the shoot under contract – a well drafted contract? Have all of the on-mic and on-camera talent signed well drafted releases or contracts? Does your audio or video contain any work that may be the copyright protected material of another? Do you have a release or license for such materials? Are any of those elements in the “public domain?” Do any elements of the work relate to real people or real life events? If so, see the relevant questions for the writers above.

Does your work contain any images or clips from radio, tv, studios, networks, the internet, songs, performances, photographs, paintings, etc.? Do you have releases or licenses for such works? Are any of these in the “public domain?”

Few of these questions offer bright line answers, and most involve a tricky and complicated analysis of the law and the facts particular to each situation and instance.

Overlooking or ignoring these issues could mean finishing the project only to find that it cannot be optioned, sold, released or distributed because an inherent clearance problem is imbedded into the work. Worst still could be the potential for a lawsuit because of something contained in the work – irrespective of whether it has been optioned, sold, released or distributed.

All of these issues are best dealt with early on, and by involving an attorney knowledgable in these areas.

The project and fortune you save may be your own!

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As an entertainment attorney, my focus is protecting and advancing your project. Please contact me at your convenience if I may be of assistance.

When you go out into the world you often meet the nicest people. And being prepared to meet those nice people is important – that old chestnut about only having one opportunity to make a first impression.

Assuming an introduction leads to conversation and some semblance of rapport, it is customary – make that STRONGLY ADVISABLE – to exchange contact information. Doing so in a professional and businesslike manner will foster that good first impression.

A simple business card is the preferred method.

Scribbling your contact details on a cocktail napkin is not. Nor is the impotent statement “I don’t have any cards; I probably should get some…”

Get some business cards!

It has never been easier or cheaper. Here are just a few online options:

http://gotprint.net/g/welcome.do

http://us.moo.com/

http://www.vistaprint.com

http://businesscards24.com/

I used to hate networking. Now I’m a big fan – great things can come of it.

Be ready. Get some business cards!

Image via Wikipedia

Before you start – or have someone else start – filming, or writing, or composing, or doing whatever creative thing that’s being contemplated – get the necessary contracts drafted and signed!

At first blush, this advice may seem elementary and far too simple. But in fact it happens so often that producers, directors, writers, musicians and others in creative businesses execute the creative work before nailing down the business details.

Nailing down those business details, and recording them in a signed writing, is a very important action – particularly in businesses that deal in the creative.

Why? Because legal rights to intellectual property (such as visual images, writings, music, etc.) are usually created at the time of the creation, and therefore often vest in (become owned by) the creator at that moment, unless a contract or agreement makes clear that the creation belongs to or is for the benefit of another.

So while it may be the intention of a producer to own the script and story a writer is busily writing, without the proper contract in place the producer may not own anything when the script is finished. It may in fact be the writer’s characters and story and script, with the writer free to do with it as she wishes.

And while it may be the intention of a model to own the rights to the images shot by the photographer, without something in writing before the photographer shoots the images, it may very well be that the model doesn’t have the copyright to those images. She may have the right to object to the commercial use of her image, based on a right to privacy or publicity, but what she intended to have was the copyright – the full and complete ownership of the photos.

Similarly, a producer may intend to own the story and images from a film shoot, but without the proper “work for hire” contracts, it may be that the producer owns none of the above at the end of the day.

The same may result from music composed without the proper “work for hire” contracts, and myriad other situations involving creative works.

And it happens ALL THE TIME. And results in problems after the fact ALL THE TIME.

Save yourself hours of problem solving and worlds of heartache – put an entertainment attorney to good use. Spend a little time and a modest amount of your project funds on the legal protection of your project, keeping the rights and ownership as you intend.

That modest sum spent on solid contracts and agreements will mean keeping your project yours, and being able to market and exploit the project as intended – as opposed to perhaps losing control over what may have consumed scores of hours, and a fair amount of blood, sweat, tears and talent.

As an entertainment attorney, my focus is protecting and advancing your project. Please contact me at your convenience if I may be of assistance.