Even the Silver Screen Requires the Right Permissions for the Show to Go On
Every feature film, TV show, or documentary you see can require dozens, even hundreds, of clearances.
The movie poster in a bedroom scene, the soda can in the background, the art on the walls, the clips on TV, the outfits worn, and even the names used often need the right licensing to feature.
Intellectual property, or IP, refers to intangible creations. Think literary and artistic works, designs, symbols, and inventions. All of these are protected by patents, copyrights, and trademarks.
How does a filmmaker even go about getting all of these clearances so that their film can see the light of day?
For starters, they have to hire the right team for the job.
Having expert knowledge about IP, the appropriate connections for gaining permissions, and years of experience in the rights and clearance world is a good starting point.
At Six Degrees, we’ve spent nearly the last two decades doing exactly that. From a robust catalog of contacts and industry insights to high-volume, high-context research experience, our team understands what to look for and how to get it cleared so your production can cross the finish line as intended.
How to Protect Your Film From Copyright Issues with Clearances
When working on a film project, it’s easy to get caught up in the story, the nuance, and the vision rather than the details of IP.
Some projects just have to include a specific reference, song, or product to make a scene work. But it doesn’t mean they can include IP haphazardly.
With the introduction of online platforms like Instagram and YouTube, we see creators snagging clips or posting content without regard for proper ownership. And getting away with it.
But for a high-quality release like the next big film or TV series, more eyes means a much higher likelihood of getting slapped with a lawsuit. Sure, there are instances where some filmmakers take the risk, but oftentimes, they have to lawyer up and pay up.
In our experience, it’s almost always better to ask for permission rather than forgiveness.
And one of the benefits of asking permission is that we often get a “yes,” usually for little to no fee.
When a copyright owner’s product or design is used in a film, that can serve as great exposure. Unless the project goes against the copyright owner’s mission or values, it’s almost always a positive to get product placement.
Many companies are willing to pay for that kind of exposure, so asking permission is the easiest way to avoid a hefty fee or fine.
Starting With the Script
Generally, the best practice is to head off any issues before a project even begins filming.
Whether it’s TV or a feature film, any scripted project does a lot of the heavy lifting up front. Before a director ever says, “Action,” we have a pretty good sense of the overall story, dialogue, setting, and visuals.
When a client has a draft ready to go, our team of experts will take a script and comb through every detail to call out any IP issues or concerns.
From real people’s likenesses to copyrighted material, we’re trained to identify and assess the risk of all IP from the get-go to prevent unexpected pivots further down the line.
Once a script has been reviewed, the team is able to provide recommendations and alternatives before diving into requesting permissions and clearances.
Yes, You Do Need Clearances for Set Decor and Props
While some of this work can be done during a script review, evaluating the set decor and props for IP during the filming process can be extremely valuable.
Early in a project, the art department, set designers, and wardrobe teams are putting together pieces of the puzzle that become a film’s entire world.
As creative decisions are made, film teams have the opportunity to share ideas and desired items with Six Degrees to cross-reference for IP concerns before landing on a final prop or set piece.
For example, if a TV series is set in the real world, it would make sense for the characters to use an iPhone. But that means we need permission from our friends over at Apple.
Or maybe a bar scene where the characters are drinking name-brand beer. We have to connect with the brewery and rights owners to receive clearance so it can be included in the scene. Otherwise, the project may need to create fake labels to replace the real deal.
By checking the IP on decor and props before filming, projects don’t have to worry about reshoots or cutting valuable content to meet copyright restrictions.
Breaking Down the Shots to Avoid a Breakdown
For some projects, our team isn’t involved until a film or series is near the final stages.
While that does come with the risk of reshoots or pivots if the proper licensing or clearances haven’t been done during the earlier scripting and filming, it’s sometimes an easier route.
Especially for documentaries where a lot of IP falls under editorial “Fair Use” laws, the shot-by-shot breakdown can help eliminate extra steps and licensing up front, knowing they may never even make the final cut.
When our team is given a relatively complete version of a project, we screen it shot-by-shot to assess what still needs to be licensed or any remaining concerns.
For a feature film, the process remains the same, but we’ll likely flag more IP issues. Since the licensing is commercial instead of editorial, we have to be more sensitive to copyright law.
For a feature film project, if there’s a TV on in the background of a shot showing a classic film, we have to license it. That playback, even if it’s not front and center or just a few seconds of screen time, involves reaching out to the studio, potentially getting additional talent clearances, and negotiating licensing fees.
The value of a shot-by-shot breakdown is that it’ll catch these little moments, props, or dialogue that can be easily overlooked, helping prevent films from facing significant lawsuits in the future.
How Does Content Research Help Your Film Project?
Beyond assessing a project for potential IP issues, the Six Degrees team also works to fill gaps in feature films and documentaries with additional footage and content research.
Particularly in documentary films, projects often need archival footage or existing interviews to tell the whole story.
Our research team can serve as a creative guide, taking a film’s framework and direction to determine useful assets for the project. We may be digging deep into archives for old celebrity talking heads, finding past performances, or sourcing demonstration footage.
Whatever the need, we’ve got nearly 20 years of research and clearance experience to find the right content.
At the moment, our team is working on a documentary about the pioneering actress and singer Diahann Carroll, “Between Starshine and Clay: The Hidden Diary of Diahann Carroll.” As an ongoing project, the production team has engaged Six Degrees to do supplemental research surrounding archival footage.
While there’s an existing outline, the production doesn’t have every piece of the project outlined. Some of it is dependent upon what can be found and cleared for use. Our research and clearance team is actively exploring existing content, contacting studios for both footage and clearances, and presenting the best options to the client that fit the plotted narrative.
Once the production team has determined the footage that they plan to include, we ensure it’s cleared for documentary use, taking the burden off of production’s shoulders.
Music Licensing to Our Ears
While we have a whole service line that covers music licensing, it’s important to mention here that our research and assessment for film and TV includes scanning for any music IP.
Copyrighted music might be accidentally captured in the background, or an actor could be humming for a scene, and it turns out to be the Indiana Jones theme song without anyone realizing it. That’s where a shot-by-shot breakdown can come into play.
We’re also experts in sourcing and licensing music for a variety of commercial and editorial projects.
More on Music Clearances
Is It Worth the Risk to Skip Licensing?
Clearing copyrights for film use is the best way to avoid unwanted lawyers at your door. But there are many cases in which licensing may not be required, depending on use.
Fair use, editorial context, and de minimis exposure (think a blurry logo in the far background for half a second) can all factor into whether a piece of IP truly needs clearance. The line isn't always obvious, and getting it wrong in either direction costs you, either in legal exposure or in unnecessary fees and delays for something that never needed a license in the first place.
That's where having the right team matters. Six Degrees is made up of industry experts, but we know when it's time to bring in a heavyweight.
For projects where a client would rather not pursue licensing on a specific piece of content, we work directly with entertainment attorneys to assess the actual risk to help clients understand where they fall on the risk spectrum.
Our team evaluates each case individually, weighing factors like how prominently the IP appears, whether the use is commercial or editorial, and how the courts have historically treated similar situations. From there, clients get a clear picture of their options: pursue clearance, adjust the shot or scene, or move forward with an informed understanding of the risk involved.
Case Study: “Peter” Proves Research & Clearance is No Easy Feat
Not every documentary comes with a straightforward path to clearance. “Peter,” a documentary about former adult-film star Peter North, was a complex process. The film called for nearly 1,000 individual shots to be researched and, where possible, licensed.
Our team first built a full shot-by-shot log using the editor’s EDL (edit decision list), using it as a guide and assigning a number to every sourced clip and image.
From there, the real challenge began: sourcing hundreds of pieces of content, stock footage, and interviews, dating back to the 80s. Many clips were brief and uncredited, requiring our team to put on their detective hats just to identify the original film before outreach could even start.
Unlike major film studios, adult-film distributors rarely have public contact information on hand. Not to mention, many studios behind these films have shuttered over the years.
Despite all those obstacles and a few course corrections, our team successfully cleared nearly 500 clips and images.
For the content that couldn’t be identified or cleared, we gave the client a detailed clearance report of every avenue exhausted before calling off the search. They used that report to review the content with their attorney to decide whether they could use any of it under fair use.
Overall, our client was thrilled with our dedication and abilities that we showed throughout the entire process.
Do You Need Help Identifying and Licensing IP on Your Next Film Project?
Six Degrees is your one-stop shop when it comes to rights and clearances. Our team has decades of experience and the right connections to ensure your film moves forward as planned with all the right clearances.
Reach out to our Six Degrees team today and learn how we can be a collaborator on your next blockbuster.
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