Permits, releases, music and legal clearances

A beautiful short film that cannot be screened is a portfolio problem. Festivals, broadcasters and online platforms ask whether the film has the rights to everything in it: locations, people, music, artwork, logos and footage. If the paperwork is missing, the film may be rejected or have to be re-cut. The producer usually manages clearances, but the DP makes many of the choices that create clearance problems, such as framing a recognizable mural, a brand logo, a television showing a broadcast or a stranger in a public place. This lesson covers location permits, personal releases, minors, music licensing, artwork and trademarks, and errors and omissions insurance, with the main differences between Canada and the United States.

Why clearances matter to the DP

Clearance means confirming that you have permission, or do not need permission, for each element of the film. A DP who understands clearance can avoid problems while composing, rather than creating them for the editor to fix.

• Keep recognizable logos, artwork, posters and screens out of frame unless they are cleared.
• Avoid capturing identifiable members of the public in a way that features them, unless they sign releases.
• Know which locations are covered by permits and where the boundaries are.
• Record the details of any art, props or screens you do feature, so the producer can clear them.
• Do not shoot from places you have no permission to be, such as private rooftops or rail property.

Location permits

Filming on public property, such as streets, parks, transit stations and government buildings, usually needs a permit from the city film office or the property owner. Requirements depend on the size of the crew, equipment on sidewalks or roads, parking, hours and any special elements such as weapons, smoke or drones.

• Contact the film office early; many need at least a few business days and some need weeks.
• Ask whether there is a student permit or a small-crew category with lower fees.
• Provide a certificate of insurance if asked (Lesson 4).
• Notify residents or businesses if the permit requires it.
• Carry the permit on set and follow its conditions exactly.
• Private locations need a location agreement with the owner, even if no city permit is required.

Parks, transit agencies, universities and shopping centers often have their own permit processes separate from the city. National and provincial or state parks have their own rules for commercial filming, which may include student work.

Personal releases

A personal release (also called an appearance or talent release) is a signed document in which a person agrees that their image, voice and performance may be used in the film and its promotion. Get releases from every cast member and from any identifiable person who is featured.

• Use the program's standard release where one exists.
• Get the release signed before shooting, not after.
• For background members of the public who are not featured, the rules differ by country and situation; posting notices about filming helps but does not replace releases for featured people.
• Store signed releases with the production's records.

In the United States, image rights are mostly state law. Many states recognize a right of publicity, which protects against using a person's name or likeness for commercial purposes without consent; New York's Civil Rights Law sections 50 and 51 and California Civil Code section 3344 are well-known examples. Courts often give more room to expressive works such as films than to advertising, but the safe practice is still to get releases from everyone identifiable and featured, because distributors and errors and omissions insurers will ask for them.

Minors on set

Working with performers under 18 brings extra rules: a parent or guardian must sign the release, working hours are limited, a guardian must usually be present and some places require permits or chaperones. Schools may also need notice when filming involves students.

• Have a parent or guardian sign the release and any program consent forms.
• Keep the minor's working hours within the legal limits and the program's rules.
• Never leave a minor alone with crew members; a guardian or chaperone must be present.
• Plan breaks, meals and schooling if the shoot falls on school days.

In the United States, child performer rules are set by states. California, for example, requires entertainment work permits for minors, limits hours by age, requires studio teachers on many sets and, under the Coogan law, requires part of a minor's earnings to be set aside in a trust account. Other states have their own rules, and some have few. Check the rules for the state where you are shooting, and follow the program's policy.

Music licensing

Music is the most common clearance failure in student films. Using a well-known song without permission can block festival screenings and online distribution. Two separate permissions are usually needed for recorded music.

• A synchronization (sync) license from the music publisher, for the composition.
• A master use license from the record label or owner of the recording, for the specific recording.
• Festival licenses are cheaper than worldwide all-media licenses; negotiate for the uses you actually need, with an option to extend.
• Original music written for the film, with a composer agreement, avoids most of these problems.
• Royalty-free and production music libraries provide music under license; read the terms for festival and online use.
• "Fair use" or "fair dealing" rarely covers music used as score or source music in a film.

In the United States, public performance rights are licensed through performing rights organizations such as ASCAP, BMI and SESAC, and mechanical rights are handled by organizations such as the Harry Fox Agency and the Mechanical Licensing Collective. The production still needs sync and master licenses for music in the film. Fair use under section 107 of the Copyright Act depends on four factors and rarely covers using a song as background or score.

Artwork, logos, screens and products

Art on walls, logos on clothing and products, and images on television or computer screens can all need clearance if they are prominent and identifiable. Production designers usually replace or cover problem items, but the DP must watch the frame.

• Use original art made for the film, or get written permission from the artist.
• Cover or turn away logos on clothing and products, or use generic props.
• Create screen content (websites, messages, video calls) rather than filming real sites or broadcasts.
• Murals and public art may be protected by copyright; a wide shot where the mural is incidental is lower risk than featuring it.
• Architecture is treated differently in each country; Canada and the US both allow photographing buildings visible from public places in many cases (Copyright Act s. 32.2 in Canada; 17 U.S.C. section 120 in the US), but sculptures and art on buildings may be different.

Footage, stills and archival material

Any footage or photographs you did not shoot need a license: news clips, stock footage, family photographs, other films playing on a television. Stock libraries sell clips with clear license terms. Family material needs permission from whoever owns it, usually the person who shot it or their family. Note every outside element in a clearance log with its source and license.

Errors and omissions insurance

Errors and omissions (E&O) insurance covers legal claims about content, such as copyright or privacy claims. Distributors, broadcasters and streamers usually require it before they acquire a film, along with a full clearance log and chain-of-title documents. Most festivals do not require E&O for shorts, but some distributors of short films do. If a capstone short is picked up for distribution, the producer will need to show that every element is cleared, which is why keeping good records from the start matters.

Putting it together: the clearance log

Keep a single clearance log for the production. Each row records an element, where it appears, who owns it, what permission you have and the document's location.

When to ask for help

Clearance questions can be complicated. If a scene features a real business, a famous artwork, a news event or a recognizable person who has not signed a release, ask the program's advisor or a legal clinic before shooting. Many film schools and some arts organizations offer access to legal advice for student and emerging filmmakers. It is much easier to change a prop or a framing than to re-cut a finished film.