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Archive: Sep 1, 2005


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Protecting your content:
Check points to save you from litigation
by: Sep 1, 2005 Print

People think that licensing imagery is simple, but there can be many underlying complexities that need to be considered when clearing content. Now, more than ever, agency producers are pressured to ensure that the content used in their commercials is "clean" - meaning safe to use from a legal perspective. To reach this end, a producer might want to consider some of the following things...

Start with: who really owns the copyright? Many libraries or specialty collections have copies of archival footage that may need checking into. Or, in the case of features, documentaries and commercial footage, there may be multiple rights holders.

Don't assume that because footage is coming from a stock library, everything embodied in the shot is released. Think about underlying rights issues. This could be any trademark or property that appears in the shots and requires clearance. Some examples of this might include a sign in the background, a cartoon character or the kitsch restaurant in the midground. On a higher level, it might be the Olympic rings, Betty Boop or the Chrysler Building.

Find out if talent is released. Or, better yet, discover who the talent is and how they may be located. With contemporary stock footage, talent releases are usually on file or are relatively easy to trace. Archival footage can be more difficult and often involves research based on existing clues to identify and track the people in the shots.

Pay attention to ambient sound issues. Is there background music, someone humming a song, an actual voice or voiceover? For instance, this might be an old newsreel in which BB King is singing "The Thrill is Gone" with voiceover commentary by the newsreel announcer. So the clearances would involve BB King, publishing rights for the song and the announcer's voice in addition to the footage itself!

Research any union and guild issues. This could involve SAG for signatory agencies and possibly WGA or DGA when licensing clips from feature films or television shows. Stunts may also fall under this category.

One way to approach the situation is to find a good research project manager, someone who can quickly digest the situation, understand the advertising concept and then start the advising process on how to achieve the concept - whether it is through stock footage and photos, feature film and TV clips or specialty footage from a documentary or sports league source.

The project manager will be able to provide a realistic budget and time frame for research and clearances. Research can be intense (often involving multiple content sources around the world) and requires image coordination, tracking, logging and overseeing all the rights issues in every single shot. An experienced researcher can help the agency producer select images, understand the issues, negotiate clearances, handle all final element turnaround and consequently, alleviate a lot of headaches.

Last, but certainly not least, project managers offer ongoing project analysis. This approach enables agency producers to efficiently handle creative changes in a timely manner (aka: high speed). In simple terms, a competent project manager should be able to roll with the punches and anticipate how to advise as the concept evolves.

By adhering to these guidelines, you'll be able to navigate the sometimes treacherous waters of footage research and licensing.

Giovanna Righini is the founder of New York-based research and project management company Clear.


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