Production & Clearance Counsel
Experienced attorney Dori Zavala acts as production and/or clearance counsel for both feature and documentary films, with an eye towards protecting you and your project. Benefit from Dori's 20+ years of litigation and business legal experience, as well as her knowledge of the film industry, to make sure that your film is legally cleared and insured for distribution.
As Production Counsel on feature, narrative projects, I work closely with the producers to make sure that every aspect of the production complies with legal requirements to ensure the project is cleared and more appealing to distributors. I am involved with every stage of the production to deal with potential issues as they arise and problem-solve to help make sure production stays on track. I prepare all contracts that are signed by all cast and crew members, as well as all personal and location releases. I assist with obtaining E&O insurance for the production, making sure policies comply with common distributor requirements and the applications are completed correctly. I provide rights and clearances logs throughout the production, to ensure all releases and licenses are secured. I provide opinion letters on copyright issues (which are required by most distributors). During post-production, I provide contracts for everyone involved as well as assist with documenting and obtaining correct licensing for third-party music, stock footage, artwork, archival footage, newspaper clippings, etc.). Production counsel for documentaries includes the following services, provided on a flat-fee basis:
Â
- Advise on and structure ownership of the film (i.e. who holds the rights for the film, ensuring liability is limited for the filmmakers, advise on chain of title and distribution clearances)
- Prepare personal and location releases
- Prepare all cast and crew agreements
- Prepare license agreements and advise on type of licenses needed depending on distribution (music, stock footage, brands, artwork, product placement, etc.)
- Advise on E&O Insurance (as production counsel you can list me on your E&O Insurance application)
- Review, advise on, and ensure clean chain of title
- Review and advise on credits compilation to make sure they comply with all legal requirements and contractual restrictions/obligations
- Preparation and review of rights and clearances clip log for film listing third party materials with time stamps
- Prepare opinion letters on copyright matters (e.g. chain of title, script clearance, final clearance on copyright issues including products)
- Prepare letters re use of animals or minors as needed
- Handle copyright registrations and assignments
- Prepare Certificate of Origin, Writer’s Certificate of Authorship, and Writer’s Assignments as needed
- Prepare Option Agreement and/or Purchase Agreement for script (as needed)
- Advise on union compliance
- Assist in obtaining E&O insurance including timing and recommended coverage, exclusions
- Available during pre-production, production, and post-production for any questions/issues that arise.
As Production Counsel on documentary projects, I work closely with the producers to make sure that every aspect of the production complies with legal requirements to ensure the project is cleared and more appealing to distributors. I am involved with every stage of the production to deal with potential issues as they arise and problem-solve to help make sure production stays on track. I prepare all contracts that are signed by all cast and crew members, as well as all personal and location releases. I assist with obtaining E&O insurance for the production, making sure policies comply with common distributor requirements and the applications are completed correctly. I provide rights and clearances logs throughout the production, to ensure all releases and licenses are secured. I provide opinion letters on copyright issues (which are required by most distributors). During post-production, I provide contracts for everyone involved as well as assist with documenting and obtaining correct licensing for third-party music, stock footage, artwork, archival footage, newspaper clippings, etc.). Production counsel for documentaries includes the following services, provided on a flat-fee basis:
Â
- Advise on and structure ownership of the film (i.e. who holds the rights for the film, ensuring liability is limited for the filmmakers, advise on chain of title and distribution clearances)
- Prepare personal and location releases
- Prepare all cast and crew agreements
- Prepare license agreements and advise on type of licenses needed depending on distribution (music, stock footage, brands, artwork, product placement, etc.)
- Advise on E&O Insurance (as production counsel you can list me on your E&O Insurance application)
- Review, advise on, and ensure clean chain of title
- Review and advise on credits compilation to make sure they comply with all legal requirements and contractual restrictions/obligations
- Preparation and review of rights and clearances clip log for film listing third party materials with time stamps
- Prepare opinion letters on copyright matters (e.g. chain of title, script clearance, final clearance on copyright issues including products)
- Prepare letters re use of animals or minors as needed
- Handle copyright registrations and assignments
- Assist in obtaining E&O insurance including timing and recommended coverage, exclusions.Â
- Available during pre-production, production, and post-production for any questions/issues that arise.
Are you in the final stages of completing your documentary film and find yourself wondering about the ownership of copyrights and the rights to showcase your film at festivals or for broader distribution? Our firm offers documentary clearance counsel services tailored to your needs. As a clearance counsel, Dori provides guidance to independent producers on the necessary rights and clearances for their documentary projects, aiming to mitigate potential legal risks.
Understanding the intricacies of rights and clearances in audiovisual projects is more complex than one might assume. While documentary producers enjoy more flexibility than narrative filmmakers in incorporating third-party materials without explicit permission, they must still be vigilant and prepared to defend against legitimate claims of copyright infringement for unlicensed use of others' photos, music, brands, artworks, audio/video clips, and more.
For documentary filmmakers, adopting best practices involves maintaining a detailed rights and clearance log, documenting all third-party materials used in the project, including incidental elements like background music during interview segments. This log is thoroughly analyzed before finalizing the project. Additionally, filmmakers are advised to have all personal releases, license agreements, crew contracts, and other relevant written agreements reviewed prior to finalizing the project, ensuring a clear chain of ownership and compliance with contractual obligations. Making alterations to content or credits post-production can be extremely costly and is best avoided whenever possible.
Documentary clearance counsel fees start at $2,500. Please allow at least ten (10) business days from signing an engagement letter and paying the retainer for the review.
Â
To facilitate the efficient acquisition of errors and omissions (E+O) insurance, the firm requires access to specific documents, all conveniently organized within a shared online folder such as Dropbox or Box:
- A link to view a cut of the film (e.g., Vimeo link with password). This is particularly crucial for fair use analysis, as it allows for a contextual assessment of usage to form an opinion.
- Copies of crew agreements.
- Copies of any personal and location releases, if applicable. If identical forms were signed without alteration, one copy suffices.
- A rights and clearances clip log detailing third-party materials (e.g., songs, photos, videos, articles), along with timestamps and the status of written agreements/releases. This streamlines the process, reducing legal fees and time.Â
- Copies of any licenses or releases for third-party materials used in the film (e.g., photos, archival footage, newspaper clippings, etc.).
- If specific elements of the film raise concerns (e.g., individuals who declined to sign releases), please notify us to focus attention accordingly.
It's important to note that Dori's opinion letters are confined to copyright matters.Â
*Please be aware: If you seek only a fair use opinion letter (without listing Dori on your E+O application as the production attorney), a more limited review can be conducted. The timeframe typically ranges from 3 to 5 hours, depending on the film's length and the number of uncleared materials and sources utilized. A minimum fee of $1,500 is applicable for fair use analysis requiring a written legal opinion.
