Clearances & Ethics in Film & TV
CLEARANCES
Clearances in Film & TV - Film clearance is the process of acquiring the required permission for all aspects of a film production. The necessary clearances can include sets, actors/extras, music, stock film, art, posters, products/brands, books, broadcasts, computer programs, dramatic works, photographs, etc. Film clearance is necessary to avoid liability, acquire E/O insurance, and avoid any general copyright/trademark issues.
http://saperlaw.com/2007/06/13/film-clearance-basics/
You Need Clearance For:
- Film Locations
- Filming Using Someones Script
- Stunts on Location, Making Sure Council and Public are Aware of What is Happening
- The Use of Music in The Film, This Has to be Cleared With The Artist
If you wanted to uses a Foo Fighters track at the opening credits in an independent film they will get sued. This is because they need to get the rights for the music. There is one way to be able to use the music is to pay a band to sing a cover of the song in there own way, and pay there publishing rights etc. They will need Synchronisations Rights and Performance Rights.
Filming in a public space and someone walks across the screen but that person doesn't want to be in the film. This means the footage will have to be scrapped because of his rights as a Humans and his Likeness Rights.
Case Studies
EDDIE LOVES YOU
- 25 minuet short by Karl Holt (2006)
- Nominated for many awards
Despite these countless awards and international offers of distribution and is still currently commercially unavailable. The reason for this is because the characters portraying EDDIE is a Tickle Me Elmo Doll, and is a copyrighted product. Thus for this film has never been commercially released.
The Crush
In this film every time Alicia Silverstone's Characters name is mentioned it is dubbed with another voice. The dubbing is awful and very obviously clumsy, with the lip syncing out and the voice not correct.
The reason for this is because the characters name is called Darian. A member of the public claimed that the writer wrote the film about her and was portraying her as a psychopath. So every time the name Darian is mentioned it is dubbed with the replacement name Adrian with to be fair is a poor choice as the mouth movements are different.
Witness Protection
On all versions of this movie after the original cinema release, every mention of Yaphet Kotto's characters name is dubbed. In the film Alonzo. Mosely and was supposedly reprising his role from Midnight Run. The company who released the film didn't own the rights for the Character Alonzo Mosely so Lionsgate faced lawsuit by Universal.
48 HOURS
In the original UK VHS release of 48 HOURS, all of Nick Nolte's dialogue in one of the scenes is spoken by someone else voice and it is very noticeable thats it isn't Nick Nolte's voice.
Eddie Murphy in the film was singing a song by The Police called Roxanne. During the this scene Eddie Murphy is singing it on a loop every time Nick Nolte is trying to talk to him which singing it in a jail cell. All rights had been cleared for cinema release, not for video release. The scene was then dubbed with new actors that wasn't Nick Nolte and Eddie Murphy so the scene basically sound awful in my opinion.
All elements used in movies from characters names through to overheard music or posters in the background of a short, must be cleared for copyright.
Failing to clear an element for copyright can have disastrous errors which is why having Errors and Omissions insurance can help a lot with getting out of massive lawsuits.
ETHICS
Ethics in Film & TV - Moral principles that govern a person's behaviour or the conducting of an activity.
Case Study
The Adventures Of Milo & Otis
Milo & Otis was originally a Japanese art film,supposedly 10 of the 30 pugs used in the film died, allegations state dozens of cats and dogs died during the filming of this film/Japanese "art" film.
Stated by AnimalsMatterToo.com, Due to the nature of the film was produced, its extremely difficult to prove or disprove any allegations of animal neglect or cruelty of The Adventures Of Milo & Otis.
Columbia can be blamed for purchasing the footage which is 70 hours in duration and the editors may have seen animal cruelty and surely if they did they would report it. But of course columbia might cover it up.
Back to the Future II
Cheryl Wheeler-Dixon was injured during filming the hoover board sequence, her right wrist was shattered; she required reconstructive surgery. Also her family and friends as well as her self was scared of paralysis, also the shot is still used in the film.
Also Crispin Glover declined to return as George Mcfly so his replacement Geoffrey Wiseman wore a mask made for Crispin Glovers face thats looked like Crispin Glover. Funnily enough Crispin Glover sued and won.
Sherlock Holmes
US company The Asylum released Shelock Holmes a year after Robert Downey Jrs Sherlock Holmes had been released but on DVD not cinema released. This was possibly done to confuse the buyer so they got rent sales and DVD sales.
This is not the only time The Asylum have done this. When Snakes on a Plane was released, they released Snakes on a Train, also when Thor was released Asylum released Almighty Thor. But the same as Sherlock Holmes, Thor is a greek god and is in books and literature and is available for public domain, this is the same with Sir Arthur Conan Doyle's books Sherlock Holmes its in the eyes of the public concumptions.
