Destricted/Revolver Entertainment/Shooting People OFFERS THE FOLLOWING INFORMATION AND FORMS "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTIES OF PERFORMANCE AND CANNOT PROVIDE THE FILMMAKER WITH ADVICE IN CONNECTION WITH THE INFORMATION AND/OR FORMS. The Filmmaker assumes all risk and responsibility in connection with use of the following information and any forms.

These notes are intended to provide a general guideline to the steps which should be followed by the producer or director entering the Destricted/Shooting People competition. A 'cleared' Film is a film that can be distributed, performed, copied, and otherwise exploited by Filmmaker (or its licensees/distributors) without infringing or violating, and without the likelihood of a claim of infringing or violating, some person or some entity's rights.

These procedures are of course not exhaustive and certainly do not cover all of the situations that may arise in connection with any particular Film. If the procedures listed below doesn't quite seem to fit a particular problem, get further advice!

 

In General

The Filmmaker should continually monitor the Film at all stages, from inception through final cut, with the objective of eliminating material that could give rise to a claim.

If the intent is to exploit the Film over the internet, or on videotapes, videocassettes, videodiscs or other new technology, rights to manufacture, distribute and release the Film in that manner should be obtained, including the rights discussed below, from all writers, directors, actors, musicians, composers and others necessary therefore, including proprietors of underlying materials. It is crucial that the Filmmaker be aware of any guild obligations as guild agreements contain a number of provisions that the Filmmaker will be bound by (e.g., minimum compensation requirements, crediting requirements, recognition of certain creative rights, work hour restrictions) and they also contain provisions that future distributors will be bound by (e.g., residual/reuse fees, supplemental market payments, limitations on the right to use clips, etc.).

Avoid Litigation. Consideration should be given to the likelihood of any claim or litigation. Is there a potential claimant portrayed in the Film who has sued before or is likely sue again? Is there a close copyright or other legal issue? Is the subject matter of the Film such as to require difficult and extensive discovery in the event of necessity to defend? Are sources reliable? Before relying on using a work or part of a work because of "fair use" or "public domain" the Filmmaker should consult an experience lawyer to ascertain whether these concepts truly apply. The Filmmaker should use this information to take all reasonable steps to avoid any possibility of a claim.

 

Prior to Filming

Script Clearance
The script and, if applicable, story board should be read and thoroughly reviewed prior to commencement of the Film to eliminate matter which, with reference to a particular individual or a small or moderate size group of individuals that are real (e.g., whether living or dead), or an existing business or other entity, is arguably false or fictional, injurious to reputation, offensive, or revelatory of facts not generally known by the public. Where the Film is fictional in whole or in part, the names of all characters shall be fictional (it is important to submit the script to a script clearance company, as discussed in the next paragraph, to avoid inadvertently using a real person's name as the name of your fictional characters). To the extent that the script is not based upon previously exploited material, the script-writer should be interviewed concerning these matters (including, that the script will not accidentally include characters who, regardless of the names of the characters, may be identifiable with living people, for example, because they were suggested by the writer's real life experiences).

 

Prior to or During Filming

Publicity/Privacy Releases from All Individuals
Whether the Film is fictional or factual, it should be made certain that no names, faces, likenesses, or other indicia of identity of any recognizable living persons are used or depicted unless written releases have been obtained. A release is unnecessary if a person is part of a crowd scene or shown in a fleeting background. The term "living persons" includes thinly disguised versions of living persons or living persons who are readily identifiable because of identity of other characters or because of the factual, historical or geographic setting. Clearances should be obtained for the right to portray deceased persons unless your lawyer is sure that the law clearly does not require such releases.

Trademark/Product and Business Releases
The same principle is generally applicable to the names, logos and other indicia of identity of business and other entities. Telephone books or other sources should be checked when necessary, to identify if any real businesses and/or individuals have the same name as the fictional business and individuals in the Film (and, if so, those names should be changed).

Releases in General
You will need contracts or copyright releases for everyone who works on the film; cast and crew, whether they are paid or unpaid. Everyone involved must be over 18 and present a passport as proof (producers should keep a copy of all passports).
Performers release form
Crew Release form

Music
If music is used, the Filmmaker must obtain all necessary synchronization and public performance licenses from copyright proprietors of music and lyrics. Licenses must also be obtained on pre-recorded music from the owner of the master as well as from the copyright proprietors of the music and lyrics. Music is complicated. These rights are often owned or controlled by different entities (such as a publishing company and a record company).

A license to incorporate a composition into a film is known as a "synch" license. A license to use a particular sound recording is known as a "master use" license. A license to a composition does not include a license to a sound recording of it, and vice versa.

Try to avoid using commercial music and stick to music specially composed for you or from music copyright libraries. If you do that you will only need the following license:
Music Clearance form

Location Releases
If distinctive locations, buildings, businesses, personal property or products are filmed, written releases should be secured. This is not necessary if non-distinctive background use only is made of real property, provided the filming is from a publicly owned area or an area on which the Filmmaker has the right to be.
Location release form

Material Used On Set
If in the set dressing (including, without limitation, any props, no matter how inconsequential) or in any other manner, pre-existing material is used which may be protected by copyright, such as paintings, photographs, art objects, articles, book covers, magazines, newspapers, and even items of décor such as wallpaper (and the list could go on for pages) the written consent of the copyright proprietor of any such material must be secured. Note that the permission of the owner of the original or of a duplicate of the physical material is not sufficient. Thus a release to film in a particular location is not sufficient to cover the use of any artwork which may be present in that location - the permission of the copyright proprietor of that artwork is mandatory. Sometimes the "fair use" defense will apply, however Filmmaker should never rely on this limited defense without consulting an experienced lawyer.

Shooting Script
Shooting script should be checked to assure compliance with all of the above. Since during actual production individuals, dialogue, and/or other matters may be added which were not originally contemplated in the shooting script, checking procedures should be followed until the Film is locked.

Film and Audio Clips
Film and audio clips are dangerous unless licenses and authorizations for the second use are obtained from not only from the owner of the clip or party authorized to license the same, but also from all persons rendering services on, or supplying material contained in, the film clip; e.g., underlying literary rights, performances of actors or musicians. Special attention should be paid to music rights as publishers are taking the position that new synchronization and performance licenses are required when clips are used. In addition, use of clips often implicates re-use and residual payment obligations to guilds and unions.
Footage Release form

 

If you cannot obtain a release for one of the items listed above, we strongly suggest that you DO NOT USE IT IN YOUR FILM!