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November 2015 - The Clearance Lab, LLC
Monthly Archives

November 2015

LucasFilm and The Clearance Lab

Lightsaber Warning: Lucasfilm Lawsuits

By | Film and Television, Script Clearance

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When it comes to film and television clearance issues, there are several high profile cases that serve as cautionary tales for filmmakers, screenwriters, and production houses.

But few clearance related infringement cases, if any, outnumber the long list of Lucasfilm Lawsuits.

With the new film in the limelight, it’s a good time to share the revisit the clearance issues that have been connected the Star Wars franchise over the years.

With sustainable popularity that’s lasted for decades and a new film franchise reigniting Star Wars fandom, it may feel like the right time to use a lightsaber in your next project or have Darth Vader make a cameo.

This is not a good idea.

Even though Star Wars is now the property of Disney, the new film, Star Wars: The Force Awakens, will regenerate interest in using the iconic imagery in art projects.

Now more than ever, it’s crucial to protect your film and television projects, as well as your advertising, video game, and other products, for no other reason than the undoubtedly impending Lucasfilm Lawsuits on the horizon.

This is not to say that the company will sue willy-nilly, but there have been a long list of Star Wars court cases over the years that prove the importance of script clearance, and an overall clearance strategy.

Lucasfilm V. Verizon Wireless

When the Android phone hit the market, the original title was DROID, which is also the moniker of the robot characters in the Star Wars films.

In a court case over the term Droid as a registered trademark, Verizon Wireless had to pay an undisclosed sum to George Lucas to continue using the name.

Lucasfilm V. Dr. Dre

Before several Lucasfilm movies, television shows, and video games roll the opening credits, a THX insignia appears. Alongside this branding, there is a drawn-out sound to signify top-notch audio quality.

The rapper Dr. Dre decided to use this sound in one of his songs. As a result, Lucasfilm sued Dr. Dre.

The rapper ended up paying 1.5 million dollars for an audio clip that lasted a few seconds.

Lucasfilm V. High Frontier and the Reagan Administration

Roughly 30 years ago, then President Ronald Reagan and his cabinet began talks of creating space-based missile defense systems. The short title of this initiative was, appropriately, Star Wars.

The company heading this military initiative was High Frontier.

Even though the public and the media took to calling the idea Star Wars, the name stuck, and officials began using it freely.

George Lucas brought suit on trademark infringement claims.

This time around, no money was awarded. According to court ruling, the press and the public used this term to describe the program, not to disparage or imitate Lucasfilm’ project.

What Does Star Wars Have to Do with Your Project?

Clearance is not something to ignore in the film and television industry. When you protect yourself, you protect your project.

Whether it’s a name, a few notes from a song, or an image, there may be something in your script or your final cut that prompts a costly lawsuit that will kill your project or tie it up in the legal system.

You can avoid these types of cases with our help.

At the same time, it’s important for creative professionals to establish ownership of their own work, less someone else take credit for it.

The Clearance Lab is here to make sure that your work remains your own. To attain a complete clearance package, click here.

Protect Yourself with Script Clearance

How to Protect Your Creative Work with Script Clearance

By | Film and Television, Script Clearance

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How to Protect Your Creative Work with Script Clearance

 

You’ve never seen Jerry Lewis in The Day the Clown Died.

That’s because a lawsuit stopped the movie from production.

When it comes to protecting your film and television scripts, you can’t simply create something and put your name on it.

To ensure your film or television script is produced without incident, there’s one way to protect your creative work…

A script clearance report.

How script clearance reports protect you.

Script clearance reports break down your script to identify any elements that could cause legal conflict.

You may not realize how many would-be lawsuits appear in your script. Some red flags include business, character, and product names, as well as protected artwork, music, film clips, dialogue, props, and identifiable personalities.  There is also the risk of defamation in your dialogue.

Before I show you how simple it is to acquire script clearance and protect your creative work, I need to explain what’s at stake.

Failing to obtain this report could result in avoidable delays, lost revenue, and the possibility that your finished product may never reach an audience.

Here are a few specifics…

Script clearance prevents production delays.

So many films never see their intended release date, or any release date at all.

Your project will stall if there are legal issues over a song, image, character names, stock footage, or anything that could be considered someone’s intellectual property.

 Script clearance saves money.

 Lawsuits are not only time-consuming, but also insanely expensive.

When legal issues arise, you lose money—money you could have otherwise spent on marketing and distribution.

You’ve already put money on the line—either your own cash or an investor’s.

From paying talent and funding special effects to travel expenses and marketing expenditures, there is a lot on the line.

You don’t want one cent to go toward legal battles.

Lawsuits drain that precious budget, all of which can be avoided once you get your script clearance.

 Script clearance stops your project from production failure.

Copyright claims and trademark infringement will not only cost a fortune and stall the project’s completion—lawsuits have killed promising films and television pilots.

It’s very simple to ensure that your project includes no weaknesses that could lead to infringement lawsuits.

Let us review your script, and we’ll go through it scene-by-scene to protect you from lawsuits.

Our team diligently searches for character names, locations, business names, and other crucial elements that you don’t know are protected.

If you want to keep those details in your script, no problem.

We’ll provide you with the contact information that you’ll need to obtain rights to use products, business names, and other protected material.

We’ll also suggest alternatives when a clearance issue can be solved with simple changes. If it’s a matter of switching out a reference or changing a name, it’s worth it to prevent your script from being held up in court battles.

Protect your script.

Title Clearance for Film and Television

2 Reasons to Acquire an Entertainment Title Report: Fox and Disney Lawsuits

By | Film and Television, Title Reports

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2 Reasons to Acquire an Entertainment Title Report: Fox and Disney Lawsuits

Without an entertainment title report to protect film or television projects from lawsuits, production houses may have to pay out millions for trademark infringement.

In most cases, the trademark infraction is not intentional and goes largely unnoticed by filmmakers without legal expertise.

If you and your distributor don’t have 7-figure financial resources, a legal battle may stop the film, documentary, or television series from ever seeing the light of day.

Entertainment title reports stop these scenarios from happening.

Before we detail ongoing and high-profile cases that could have been prevented with proactive legal protection, we’ll answer an important question.

What Is an Entertainment Title Report?

An entertainment title report is a comprehensive search for any and all uses of titles used in films, television shows, books, video games, and other media projects, as well as use of the title for other products and services on the market. Having this report is required for the E&O insurance underwriting process, as well as for distribution.

Generated by legal professionals who specialize in protecting film and television producers, an entertainment title report documents any registered and unregistered prior use of your title, so you know whether you need to change it.

Obtaining a title report can protect you from millions in payout, legal fees, stalled production time, or your project never happening at all.

These issues happen frequently. See below for a couple of high-profile cases that could have been avoided.

 


Case Study 1: Tommorowland Sues Disney

When you think of Tommorowland, you think of Disney Studios; however, the theme park name is only trademarked within the United States.

In other countries, the name belongs to a popular European music festival—a festival that is now bringing suit against Disney.

In an interview with the Belfast Telegraph, trademark attorney Sharon Daboul explains the title lawsuit:

Disney has a trademark registration in the USA for the term Tomorrowland, dating back to 1970. With this registration, it was successfully able to prevent the music festival from calling itself Tomorrowland when it launched in the USA.

However, the music festival has the rights to the term in Belgium, the Netherlands and Luxembourg, and has prevented Disney from using the name in these countries.”

Source: Belfast Telegraph

With hundreds of millions of dollars on the line, the legal battle is ongoing, which could have been avoided with an entertainment title report.

 


Case Study 2: Empire Distribution, Inc., Sues Fox

The television show Empire is a smash hit, which Fox claims it has the title rights to.

However, Empire Distribution, Inc., demands a $5 to 8 million dollar restitution for trademark infringement—an amount, which will be dispersed among several artists they represent.

All of this legal turmoil has occurred because of entertainment title disputes.

According to official court documents, there are 3 options for Fox:

(1) Fox could pay $5 million and include artists that defendant represents as ‘regular guest stars’ on the fictional television series Empire; (2) Fox could pay defendant $8 million; or (3) Fox could stop using the word ‘Empire.’”

Source: View the official court document here.

With success driving Empire forward, it would be more advantageous for producers to continue the series without legal entanglements.

With an entertainment title report performed by legal experts, this lawsuit could have been avoided.

Why bother with script clearance- (1)

Why Bother with a Script Clearance Report?

By | Uncategorized

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Why Bother with a Script Clearance Report?

With a film script clearance report, film and television producers can avoid several legal problems that impede production.

If you think your project isn’t at risk of exposure, know that only a single comment in dialogue or a brief glimpse of a painting can spawn costly lawsuits.

It’s often the small and easily missed details that lead you toward legal entanglements.

However, with film and television script clearance, you help prevent possible copyright, trademark, publicity, privacy, defamation, and other forms of infringement.

From innapropriate jokes to the unauthorized appearance of a product, it’s difficult to catch small and accidental infractions that leave screenwriters, filmmakers, and producers exposed.

Not to mention, E&O insurance and distributor guidelines more often than not dictate that film and television scripts must be cleared before distribution.

To break down what script clearance is, and why it’s important, I’m sharing a scenario that outlines how easy and common it is to fall prey to legal conflicts.

Why it’s so important to register your film script.

Let’s say you’ve written or acquired a film script and after a number of rewrites you’re ready for production. You think every single syllable is original.

While you’ve written content that has never existed in any form of media before, there is the name of a business that’s identical to a store that exists in real life, even though you searched the Internet to make certain your fictional store didn’t infringe upon an existing name.

That’s potential grounds for a lawsuit.

Even though the similarities are coincidental, and you had no intention of mimicking this brand name, that one title could cause the production company to lose settlement money.

It’s easy to miss these mistakes. When you acquire script clearance from a team of legal professionals, you not only avoid legal exposure, but you also bypass rewrites, reshoots, and costly post-production expenditures.

If you think you don’t need script clearance, think again. Copyright lawsuits have almost prevented many tremendous film franchises from seeing the light of day.

Here are a couple of examples:

Film script clearance case study 1: The Hangover III lawsuit

The Hangover II

Script Clearance Could have Saved The Hangover III

The tattoo you see on Ed Helms’ face almost shut production down.

The artist who designed the tattoo, S. Victor Whitmill, filed a lawsuit against Warner Brothers Entertainment a few weeks before the film’s release.

Warner Brothers stated that it was willing to alter the tattoo for streaming and home video release, but ultimately settled with Mr. Whitman out of court for an undisclosed amount.

The producers had enough capital to pay off the plaintiff, but excess funds are not always there when you work outside of a major studio.

Read more about this copyright infringement claim here.

Photo Source: Warner Brothers

 

Film script clearance case study 2: the Ip Man 3 lawsuit

Bruce Lee

Will IP Man Ever Be Released?

This film was to feature a CGI recreation of Bruce Lee.

Down to the signature maneuvers, this animation was to be a perfect homage to the late martial arts icon.

Regardless of whether or not the name Bruce Lee was to be used, there was enough protected material to allow legal proceedings.

The Lee estate took issue with using this likeness and filed suit.

Originally slated for an early 2016 release, this film has been tied up in legal battles and is unlikely to be released until an agreement is made.

Photo Source: brucelee.com

How to prevent this scenario and protect your creative work.

Bottom line: get a script clearance report.

When you purchase a script clearance report, you prevent possible copyright, trademark, publicity, privacy, defamation, and other forms of infringement in your film or television script.

Secure your script here.