Grants for Cinema and Television Productions

In the dynamic world of film and television production, one crucial aspect often overlooked is rights clearance. This process is essential for a successful exploitation of a film or program, ensuring that distribution isn't hindered in certain territories or over specific media.

Firstly, it's vital to appoint distributors who are obligated to advise of any sales triggering additional clearance payments. This helps prevent unexpected costs and potential complications down the line.

Clearances are necessary for including copyright material in films or television programs, such as archive footage, music, and consumer brands/products. When considering clearances, it's important to think ahead and take a broad view of the clearances required.

Organizing rights clearances early is crucial to avoid last-minute negotiations and potential price increases. Dealing with distributors should involve ensuring they are obligated to administer clearance payments and generate sufficient revenue to justify costs.

Contracts with financiers may stipulate a minimum level of clearance in terms of media and/or territories. A transfer of rights gives the producer total control over the use of copyright material, which is less common but more powerful.

The most important contact points for obtaining rights to films and TV shows are primarily the rights holders such as producers and authors, and organizations managing their rights, including collecting societies like GVL (for performing artists and producers), GEMA (for music rights), AGICOA (for film distribution rights), Corint Media (for private TV and radio stations), and GÜFA (for erotic and pornographic film rights). Additionally, rights can be licensed through contracts with publishers, production companies, or media firms who hold exclusive distribution and broadcasting rights.

It's important to ensure that the clearances obtained are consistent with one another, and if they have to be limited to a specific term, try to ensure that it is the same term. Even if the lyrics to a song are out of copyright, the record company may still hold copyright in its recordings.

In the UK, the period of copyright for a work is the life of the author plus 70 years. When negotiating with a broadcaster, it's important to pre-agree a price for clearing worldwide rights to prevent being held to ransom for clearances later.

Obtaining copyright clearance is essential to the successful exploitation of film and television work. Without it, distribution can be prevented in certain territories or over certain media, which in turn prevents revenue earning. It's also crucial to carefully examine expired works to ensure all copyright has expired, especially foreign works.

This article is categorised under multiple sectors such as Construction, Energy & Natural Resources, Finance, Government and public sector, Real Estate, Technology & Digital Markets, Technology, Science & Industry, and United Kingdom.

Grants for Cinema and Television Productions