FAQ

If your production project (independent film, documentary, feature film, television show or commercial, soundtrack or compilation, web-series, etc.) includes a portion or all of any existing element or creative work that is copyright protected, permission will be needed and rights must cleared to use that work.

“Clearance” is the practice of researching the copyright holder or approval party and requesting the rights usage.  Unfortunately, this does not always guarantee the clearance.  The rights holder may quote a fee that is out of your budget or deny the use altogether.  It is truly up to their discretion.  At that point, the “clearance” is done, but may not move on to the final stage which is the actual “licensing” of the material.  On the other hand, if the material is approved and all terms are acceptable to all parties, then the licensing of the material occurs by way of long from agreements and of course, payment.

All material protected by copyright that is included in a production must be cleared, including but not limited to music by way of, sound recordings, compositions (lyrics, samples), audiovisual works (television show clips, news footage, films, documentaries, etc.), photographs, images, art, written works (books, magazines, newspapers), etc.

The safest course is always to get permission from the copyright owner before using copyrighted material.

The clearance process is not known for being a fast moving business.  Even though we have solid relationship with most labels and publishers, it is difficult to tell due to the complexity of copyright holders and approval parties.  It may take a minimum of 4 weeks to get a response, not necessarily an approval.  Their may be additional information that needs to be provided, although we strive to submit everything needed up front on our requests.
Give yourself plenty of time for the clearances before you are “married” to using any material within the production.

The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining
whether or not a particular use is fair:

· The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
· The nature of the copyrighted work
· The amount and substantiality of the portion used in relation to the copyrighted work as a whole
· The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between fair use and infringement may be unclear and not easily defined.  There is no specific number of words, lines, or notes that may safely be taken without permission.  Acknowledging the source of the copyrighted material does not substitute for obtaining permission.  When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation.

Source: www.copyright.gov