Clearances

http://www.bbc.co.uk/filmnetwork/filmmaking/guide/before-you-start/content-clearances

Clearances

What does "cleared" mean in this sense?

Clearing in this sense means to have written consent to use everything that is featured in your short film. This includes:

• Scripts
• Brand names
• Stock footage
• Logos
• Images
• Music

These pieces of information need to have correct authoritative permission for them as it is considered plagiarism without this. It is illegal to use many things that could be featured in a short film without given permission.

All products, brand names, trademarks and logos that are featured in the short film need to be cleared for use by the manufactures or company's concerned. If the feature is non-distinctive in the background of the film it is not always necessary to be given consent in using this however this is not for definite. Although you are allowed to film products, logos, brand names and trademarks; you should avoid showing these in a detrimental way. Many companies that own the rights or trademarks with these will have the money and authority to pursue infringement actions against you as well as follow a strict policy of taking action against this to protect their brand.

http://saperlaw.com/2007/06/13/film-clearance-basics/

Definition of film clearance

Film clearance is the process of acquiring permission and consent that is required for all aspects of your short film production. Clearances that may be included can be features such as:

• Sets
• Music
• Stock film
• Art
• Actors/ extras
• Posters
• Broadcasts
• Dramatic works
• Books
• Products/ brands
• Computer programs
• Photographs

There are various types of clearances that might need to be required when creating a film. These normally fall under three specific categories:

• Property
• Locations
• People

It is essential to have clearance when producing your short film in order to avoid liability, copyright issues and acquire E/O insurance. To be able to successfully broadcast your short film all of the above factors have to be completed.

http://www.bbc.co.uk/filmnetwork/filmmaking/guide/before-you-start/checklist#clearances

Clearances for showing your film on a public platform such as Film Network

When submitting your film to Film Network it is essential as well as your responsibility that you ensure that you have obtained all the necessary clearances in writing. If an individual states that your film has breached their 'copyright' it is you as well as the BBC who are liable for this. A breach of 'copyright' could be that you have used them/ their work or identity in some way without their permission. If you experience a breach of 'copyright' the film you have created and submitted will not be able to continue showing your film on as well as possibly being sued. It is incredibly important that you get correct clearance from all potential brands, products etc that you feature in your short film.

It is important that you receive clearance from company's to use in your short film before you create it as you may come across unexpected problems such as being denied access to the clearance that you wanted furthermore giving you a major setback on your film which you will not be able to show to a wide audience. If you are unable to obtain a release for anything, use an original substitute instead.

Legal advice on acquiring the appropriate clearance for the short film are:

• Clips, footage, tapes and images
• Fonts, text and designs
• Products, logos and brand names/ images
• Famous/ celebrity work and people
• Script
• Other resources

Clearances checklist

Script clearances: If the script you create/ use is an original piece of work of fiction you need to ensure that the characters you use do not resemble actual individuals (living or dead). Real people must not be allowed to be clearly identifiable and if they are you should not use these unless you have their written permission to do so.

Content clearances: Anything that appears in your short film has to be cleared

Music clearances: Any music that you potentially use including published and original that is featured in your film needs to also be cleared.

Location clearances: Location also needs to be cleared to be able to film in this area. 

Actor's/contributor's clearances: Any actors. extras and contributors that feature in the footage of your film need to ensure that they sign a clearance agreement 

There are many Legal requirements that might have to be identified, obtained and pursued in order to show your short film to an audience. These Legal requirements explain more in depth of the clearances and rights that are needed to be able to use these in your short film.