Rights Clearance — music, artwork, logos, people and locations before you shoot

It helps to pull these items out at the script breakdown stage. A single line of action like “the news is on TV” or “she hums a song” is a clearance item. Fill the art department’s set dressing with artwork and photos that are original or cleared. Clearance takes time, so start early in pre-production, not the week before the shoot.

To use an existing song, you need to clear both the rights in the song itself and the rights in the recording. Song rights are often managed by the songwriters, their music publisher or a collecting society; recording rights usually sit with the record label and the performers. If you re-record the song with your own musicians, you own the new recording, but you still need the song rights.

If you commission original music from a composer, spell out in the contract who owns the rights and how the music can be used. If you use a music licensing service, read the terms — what’s allowed varies by use and media, such as film, broadcast or advertising. Music playing on location is hard to remove once it’s in the recording, so ask for it to be turned off while you roll.

For performers, the contract or appearance release states how the footage may be used. For passersby or extras filmed recognizably, get a release, frame them so their faces don’t show, or blur them in post. Minors need consent from a parent or guardian.

For private property, agree the shooting dates, hours, areas you’ll use and restoration terms in writing with the owner or manager. Public places such as parks, roads and public buildings may need a permit from the relevant authority, and a local film commission can often guide you through or help with the process. Ask at the same time whether signs and business names can appear on screen.

Names and numbers in the script need checking too. Portraying a real company, school or organization, or a real person, in a negative light can lead to defamation claims, so productions often use fictional names. Make sure phone numbers, license plates, addresses and messaging handles on screen aren’t real ones in use, and have the art department fill them with made-up details.

1. 01List the itemsFrom the script breakdown and the art and props lists, pick out music, works seen on screen, logos, people and locations.
2. 02Find the rights holdersConfirm who holds the rights. A single item can have several rights holders.
3. 03Define the scopeDecide which media (theatrical, broadcast, online), which territory, for how long and for what use (the film itself, trailers, promotion).
4. 04Get it in writingGet the permission in writing. A document that spells out the scope carries far more weight later than a one-line email reply.
5. 05Replace what you can’t clearIf permission is hard to get or too expensive, swap the item for something else, hide it or cut it from the scene.
6. 06Keep a clearance logCollect the rights holder, scope and location of the paperwork for every item in one log. Distributors and broadcasters often ask for rights documents at delivery.