The legal challenges of a production begin far before the cameras start rolling. For smaller productions, taking the proper steps in pre-production can make the difference in whether the project receives distribution at all. One of the most vital steps in the pre-production process is obtaining a script clearance report.
What is a Script Clearance Report?
A script clearance report identifies the potential legal conflicts of a script well before production begins. Both fiction and non-fiction projects should consider receiving one before issues become major problems later.
These reports detail legal issues that could present a problem if the script were produced as is. These range from small easy-to-miss details like determining whether character names conflict with those of real living people, to larger issues like the need to obtain release forms from people or brands. If drafted by an attorney with knowledge in the field, it should go beyond these typical issues and address whether copyright infringement, trademark infringement, personality rights, privacy rights, and more might be a legal concern.
What Does a Script Clearance Report Get a Production?
A clearance report lets a production know what it might need to change or prepare for. A production lawyer can work closely with the writers and producers to fix or mitigate issues. This can take the form of changing parts of the script or preparing defenses to potential litigation issues in advance.
Perhaps just as importantly, many methods of distribution close without one of these reports. Most well-known distributors will want the production to obtain Errors and Omissions (E&O) insurance. These insurance policies help cover the cost of lawsuits that might be filed against the production for a variety of reasons. These companies usually require something like a script clearance report before they will issue a policy. Without a policy, most distributors will not consider a project.
The Law Firm of Dillon McCarthy offers script clearance reports written by licensed attorneys. If your production needs a report contact us today.