Film Production: Copyright - Saper Law Offices Saper Law in Film Production
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Jun 18, 2007 —

How do I get permission?
A producer should locate the current owner of the copyright. Whether the copyright owner allows the producer to use the material for free or for a fee, the producer must have written permission. An attorney can assist in drafting an appropriate document. Depending on the situation, that document might be called a “license,” a “release” or a “rights agreement.” Either way, the most important provisions are the “Grant of Rights,” “Representations and Warranties,” “Price,” and “Screen Credit.”

Grant of Rights
There are two basic ways to transfer copyright rights: an assignment and a license. A copyright assignment refers to the transfer of all the rights to a copyright. A copyright license refers to the transfer of some of the rights to a copyright. For example, a “license” to use a piece of music might allow the producer only the rights to use the music in the film’s soundtrack, while the record label would retain the rights to use the music for CD sales, radio play, etc. An exclusive license means the producer is the only person who can exploit the rights granted, while a non-exclusive license means the licensor/copyright owner can give permission to several people to exploit a certain copyright. For example, a producer would want an exclusive license to adapt a novel, so that no other filmmaker can make a similar film at the same time. However, for a piece of background music, a non-exclusive license might be sufficient. Technically a non-exclusive license can be made orally or in writing, but it is almost impossible to secure meaningful distribution without WRITTEN evidence that the producer holds rights to use EVERY piece of intellectual property in the film.

Copyright Ownership: Film chain of title documentation ...
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Jan 20, 2017 —

Broadly, there are two legal approaches to understanding copyright, one from the common law perspective or the other from a civil law perspective.

The distinction between the two can have practical implications for the transfer, assignment and exploitation of copyrighted material, including films.

The Droit d’Auteur, or Author’sRights, system is prevalent in civil law countries.

This concept is also central to the Berne Convention and therefore all signatories to the Convention are expected to adhere to the basic concepts that authors have the rights of authorship and integrity.

Whereas common law systems tend to be most concerned with the economic aspects of ownership and exploitation, civil law systems emphasize the principles of natural justice and individual rights, particularly the right to ongoing control of creative work.

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Note added at 1 day 37 mins (2021-05-04 12:29:01 GMT) Post-grading
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Andrés