Essential Clearance Guide for Audiovisual Creators!

As an audiovisual creator, protecting your project from legal issues is just as important as its artistic quality. This guide will help you understand the fundamental aspects of the clearance process (legal authorization) that you need to consider before exhibiting your work.

What is Clearance, and Why is it Important?

"Clearance" is the process through which you obtain all necessary legal authorizations to include any material or element in your audiovisual production. This process protects you from potential lawsuits for copyright infringement, invasion of privacy, defamation, or unauthorized use of trademarks.

Real-World Consequences of Clearance Oversights

The film industry has witnessed numerous costly clearance challenges. In David Fincher's thriller "Seven," photographer Jorge Antonio Sandoval sued the producers for alleged copyright infringement when ten of his photographs appeared in the film. Though the production team argued the use was insignificant and lawful, the case demonstrates how even seemingly minor visual elements can lead to legal disputes that could have been avoided with proper clearance procedures.

More recently, Netflix faced serious legal challenges with their series "Baby Reindeer." By including a disclaimer stating the show was based on a true story without proper clearance procedures, they inadvertently jeopardized the safety of the real-life stalker portrayed in the show, exposing the person to public identification and harassment. This situation led to legal threats and demonstrated how clearance issues can extend beyond financial consequences to actual safety concerns.

Key Aspects to Consider:

1) Copyright

Any literary material that isn't your original work requires a copyright report and corresponding authorization. This includes adapted scripts, stories, novels, or any protected work. If you acquire a finished work (such as purchasing the rights to an existing film), you also need to verify the rights of the complete work.

2) Agreements with creators

You need to have written contracts with all people who creatively contribute to your project: screenwriters, composers, designers, etc. Even quotes from other works require written authorization.

3) Biographical material

If your story is based on real events, you must determine whether the information comes from primary sources (direct interviews, court records) or secondary sources (books or other protected works). The use of secondary sources may require additional authorizations.

4) Appearance of real people

Any recognizable person in your production must sign a release form (authorization document). If minors appear, legally binding consent from their guardians is needed. In the case of deceased persons, you must obtain permissions from their legal representatives.

5) Character names

In works of fiction, character names should be fictional to avoid coincidences with real people who might feel defamed. There are limited exceptions that must be properly documented.

6) Brands and products

If you show recognizable businesses, brands, identifiable products, or distinctive properties, you need to obtain written authorizations from their owners. There are exceptions for properties that are not easily recognizable or when their appearance is incidental.

7) Content of releases

All authorization documents must grant you the right to edit, modify, add to, or remove the provided material. For people, they must also include the right to fictionalize their representation.

8) Rights for all media

Your contracts and assignments must grant you the right to distribute your work across all possible media and markets (streaming, DVD, TV, etc.), except for specifically agreed exclusions.

9) Music licenses

You need synchronization and performance licenses for all music in your production. This includes both original compositions and previously recorded music, unless it's in the public domain.

10) Clips from other films

If you include fragments from other films, you must obtain permissions from both the clip owner and all people involved in it (actors, composers, etc.).

11) Title verification

A "title report" helps you avoid conflicts with identical or similar titles previously used. If there's a risk of confusion, consider changing the title of your production.

12) Unsolicited received material

If you or someone on your team received material similar to your current project, you must document it to avoid future plagiarism claims.

13) Defamation and privacy

Your production must not contain material that constitutes defamation, invasion of privacy, or violation of any person's or entity's image rights.

14) Use of artificial intelligence

The use of AI tools requires special attention, particularly when working with streaming platforms or when you need to register a work as completely original:

• Additional permissions: You must obtain specific authorizations to use images of people, voices, or performances that will be processed or modified by AI systems.
• Pre-existing works: If you will subject other creators' works to modification through AI, you need explicit permissions for this type of processing.
• Originality: Verify the originality requirements demanded by platforms or intellectual property registries, as some may restrict or limit AI-generated content.
• Confidentiality: Keep in mind that some AI systems may store the data you provide them. Review their privacy policies, especially when working with confidential material or under non-disclosure agreements.
• Disclosure: In certain contexts, it may be necessary to disclose which parts of your work were created or modified using AI tools.

15) Final review

Before any public exhibition, conduct a final review to ensure you have followed all clearance procedures.

Important Reminder:

It's always better to prevent than to regret. Consult with an attorney specializing in entertainment law if you have doubts about any aspect of the clearance process. The time and money invested in this phase will save you costly legal problems in the future.

This guide is a starting point. Legal requirements may vary depending on the country and type of production, so always verify the regulations applicable to your specific case.

What clearance challenges have you encountered in your own productions? Have you ever discovered a potential legal issue after filming was complete? Share your experiences in the comments below—your story might help fellow creators avoid similar pitfalls.

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