{"id":1325,"date":"2021-05-28T12:27:18","date_gmt":"2021-05-28T19:27:18","guid":{"rendered":"https:\/\/sftvproductionhandbook.lmu.build\/?p=1325"},"modified":"2024-05-28T12:56:38","modified_gmt":"2024-05-28T19:56:38","slug":"clearances","status":"publish","type":"post","link":"https:\/\/sftvproductionhandbook.lmu.build\/index.php\/2021\/05\/28\/clearances\/","title":{"rendered":"Clearances"},"content":{"rendered":"\n

Copyrights, Clearances, and Releases\u00a0<\/strong>\u00a0<\/mark><\/h2>\n\n\n\n

Public screening of your project requires that it be \u201ccleared\u201d so that you do not have to defend yourself from lawsuits brought by injured parties. You must have permission to use what belongs to someone else \u2013 that is \u2013 their likeness, their personal property and their intellectual property (I.P.)<\/strong>. <\/p>\n\n\n\n

The Fair Use Act<\/strong>\u00a0<\/mark><\/h2>\n\n\n\n

There is a great deal of misunderstanding about the Fair Use Act. Essentially, it provides for a small portion of a copyrighted work to be used for teaching, criticism, or news without the permission of the copyright holder. This video<\/a> provides a very good explanation of Fair Use.  <\/p>\n\n\n\n

If you choose not to obtain all the necessary clearances, waivers, rights and permissions, your project should be limited to \u201cclassroom\u201d screenings only. If you don\u2019t obtain clearances, you run the risk of having your project declined for film festivals and other public venues as well as opening yourself up to a lawsuit.  <\/p>\n\n\n\n

This guide is intended to give you a general idea of what is needed in the way of clearances. It is not intended to be comprehensive nor should it be construed as legal advice.<\/strong> <\/p>\n\n\n\n

Logos, Brandnames, and Trademarks<\/strong>\u00a0<\/mark><\/h2>\n\n\n\n

When distinctive personal property that is identifiable with any person or entity (a logo like the Nike \u201cswoosh\u201d or a trademark like the Coca-Cola logo) is filmed in a scene, you may need consent in writing to use such property. <\/p>\n\n\n\n

Most importantly, you may not photograph any trademark or logo that presents a company or entity represented, or its product, in a detrimental or defamatory way. To do so would expose you to a lawsuit for slander and\/or libel. <\/p>\n\n\n\n

If the property is non-distinctive background and your shot doesn\u2019t linger on it you do not need permission to film it. For example, if you are filming in a bar or grocery store, keeping your shots wide enough to include many products and not focusing on one, permission will not be needed.  <\/p>\n\n\n\n

If you choose, as many productions do, to use fictitious products there are several props houses that have cleared material (labels, posters, signs, etc.) available to rent or sell. If you provide these companies with original artwork and text, they can also manufacture props and set dressing (food packages, posters, magazines, etc.).  <\/p>\n\n\n\n

Earl Hays Press ISS Studio Graphics <\/p>\n\n\n\n

10707 Sherman Way 9545 Wentworth St. <\/p>\n\n\n\n

Sun Valley, CA 91352 Sunland, CA 91040 <\/p>\n\n\n\n

818 765 0700 818 -951-5600  <\/p>\n\n\n\n

Website<\/a>         Props Website<\/a> <\/p>\n\n\n\n

C<\/strong>opyrighted Material<\/mark><\/h2>\n\n\n\n

There must be written consent <\/strong>from authors, creators and writers of all material \u2013 including quotations from copyrighted works used in the production \u2013 authorizing the use of that material. As of this date, copyright protection extends for the life of the artist – or copyright holder – plus 70 years. In the case of copyrights owned by corporations, the protection lasts for 95 years. For more information go to copyright.gov<\/a> <\/p>\n\n\n\n

We recommend that you avoid using copyrighted material. <\/p>\n\n\n\n

Whenever possible, consider using fictitious names, companies and products to avoid problems. If you need to use actual names, artwork and\/or products here are the steps toward achieving clearance:  <\/p>\n\n\n\n