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January 2016 - The Clearance Lab, LLC
Monthly Archives

January 2016

Reality TV Lawsuits

High-Profile Reality TV Lawsuits

By | Film and Television, Legal Review of Clearance Procedures, Uncategorized

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Reality TV Lawsuits

Narrative storytelling isn’t the only format that must be concerned with clearance issues.

High-Profile Reality TV Lawsuits

Reality TV lawsuits make for interesting headlines.

From Dating Naked to True Life: I’m a Chubby Chaser, reality television is no stranger to lawsuits.

Many of the television producers we serve work in the arena of reality television entertainment, and our legal team felt it relevant to bring this issue to light for those outside of The Clearance Lab fold.

This is especially important if you plan to make documentary-style television in the near future. Without further ado, here are a few brief glimpses into the strange world of reality TV lawsuits.

Dating Naked

Not exactly what they thought they were signing up for.

In 2015, a Dating Naked contestant sued the airing network for $10 million. Even though the nature of the show dictates an adult/risqué nature, the show was expected to blur nudity; however, the plaintiff claims too much was shown.

To read more about the case: this article outlines the not-so-blurry details.

The short version is best summed up by the Plaintiff, Jessie Nizewitz. According to the Plaintiff:

“Although I went on this show knowing that I would be nude while taping, I was told that my private parts would be blurred for TV.”

The lesson here is to pay very specific attention to contract language, and before distributing your project have a legal professional review your final cut for clearance issues, and to ensure that proper clearance procedures have been followed.  If you’re worried about exposure, and you should be, put a legal professional in your corner.

Storage WarsA Storage Wars personality was also surrounded by legal turmoil. In 2012, the cast member sued the producers for $750,000. His claim stated that everything on the reality TV show was either misrepresented or totally faked.

To read more about this legal claim, check out this article.

This was not a one-sided claim.  According to the network A&E:

“Convert[ed] a garden-variety breach of contract claim into a tabloid-worthy drama, in which Hester portrays himself as a crusading whistleblower.”

The takeaway from this case is to pay close attention to the people you work with, always remember that this is a business no matter how well you may get along with the talent,  and always ensure the proper language is included in your talent agreements.  If you draw up any contracts on your own, have a legal professional review it before execution.

In 2013, a True Life: I’m a Chubby Chaser contributor brought a lawsuit against the production company. The reason: his real name and details about his address were revealedTrue Life: I'm a Chubby Chaser on camera. 

To learn more about the case, including interview details from the Plaintiff, read this article.

Suffice it to say, emotional distress served as the catalyst for the case. According to the Plaintiff:

“I no longer felt safe leaving my apartment, and I lost my job as a result.”

The emotional distress factor is not uncommon when it comes to reasons behind lawsuits, even though it is difficult to prove in court. However, there are measures you can take to protect yourself from unnecessary scrutiny.

The lesson to be learned here is to ensure all identifying properties are removed from your final release. If you want to  bulletproof your project as much as possible, then you need a legal review of clearance procedures before distribution.  The entire lawsuit in the Chubby Chaser case could have been avoided with a proper review of the footage.

To learn more about how The Clearance Lab can help you protect your reality television project, contact us today.

When Marnie Was There

Client Spotlight: Oscar Nominee “When Marnie Was There”

By | Clients

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When Marnie Was There

Nominated for Best Animated Feature. Will it be Studio Ghibli’s first win since Spirited Away?

When Marnie Was There

The newest feature from Japan’s famed Studio Ghibli, When Marnie Was There, is a sweeping story of friendship, mystery and discovery that delivers stirring emotions and breathtaking animation as only Ghibli can.

When shy, artistic Anna moves to the seaside to live with her aunt and uncle, she stumbles upon an old mansion surrounded by marshes, and the mysterious young girl, Marnie, who lives there. The two girls instantly form a unique connection and friendship that blurs the lines between fantasy and reality. As the days go by, a nearly magnetic pull draws Anna back to the Marsh House again and again, and she begins to piece together the truth surrounding her strange new friend. Based on the young adult novel by Joan G. Robinson and directed by Hiromasa Yonebayashi (The Secret World of Arrietty), When Marnie Was There has been described as “Ghibli Gothic,” with its moonlit seascapes, glowing orchestral score, and powerful dramatic portrayals that build to a stormy climax.

The Clearance Lab is proud to have provided services for this project and wishes the Studio Ghibli team, along with GKids and the other distributors of the film, the best of luck at the Academy Awards.

GKIDSstudio ghibli

Client Spotlight: Shadowhunters: The Mortal Instruments

By | Clients, Film, Television

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Shadowhunters: The Mortal Instruments

On her birthday, Clary Fray discovers a surprise concerning her life. The teenager is not who she thinks she is — she comes from a long line of human-angel hybrids, called Shadowhunters, who hunt demons. After her mother is kidnapped, Clary is thrust into the world of demon-hunting. Clary relies on mysterious Jace and fellow hunters Isabelle and Alec to help her navigate the dark world. While living in this new world among creatures like vampires and werewolves, Clary’s best friend Simon helps her uncover answers that could help her find her mother. The fantasy show is based on a series of young adult books by Cassandra Clare.

Airs: Freeform (Formerly ABC Family)
Starring: Katherine McNamara, Dominic Sherwood
Production:Constantin Film, Don Carmody Television, Unique Features
Distribution: Freeform,  Disney-ABC Domestic Television

 

Film Lawsuits Profile: Borat

By | Uncategorized

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Borat Film LawsuitsWith the sustainable trend of mockumentary filmmaking, there are ongoing film lawsuits based on defamation of character, especially when an actual person (not a fictional character) is depicted in an unfavorable light.

If you need the perfect example of this legal phenomenon, look no further than Sacha Baron Cohen’s Borat.

As one of the most popular mockumentaries to hit theaters, this film has seen an onslaught of legal battles.

Keep reading to find out how to protect your film or television project.

The Borat Lawsuit Example

Even though there is more than one “Borat lawsuit,” the most prevalent one was the claim made by two university students.

If you’ve seen the movie, you’ve witnessed drunken college students making racially insensitive and sexist remarks.

So what’s the problem from a legal point of view?

The students sued for defamation, claiming that the producers gave them alcohol in order to promote the heinous behavior.

Even though the students signed a waiver, there was still grounds for a suit.

From having the scenes in question removed from the theatrical release to erasing the embarrassing footage from the DVD, the college students and their lawyers sued for every possible emotional and financial restitution.

The result: the filmmakers won.

What This Lawsuit Means for You

Even though no money was awarded and the film’s footage remained intact, it’s important for film and television professionals to avoid lawsuits and satisfy E&O insurance carriers

Even if you don’t work with the mockumentary format, film lawsuits come from every direction, from copyright claims from popular franchises to defamation suits. 

This is why it’s so important for film and television professionals to work with an expert legal team that protects their work.

There are a number of ways to stop lawsuits from liquidating your budget and damaging your project’s success, including…

  • Clearance Packages

    that provide an all-inclusive bundle of reports, searches, and opinion letters to secure your next television or film project. (This is your most comprehensive and cost-effective option.)

  • Title Reports

    that provide comprehensive searches for prior use of your title for other projects. (Ideal for satisfying your E&O Carrier).

  • Script Clearance

    that breaks down your script scene by scene to identify any aspects that might create costly legal conflicts.

  • Copyright Reports

    that document your ownership of copyrighted material, saving you from avoidable legal expenses and potential harassment of third-party claims.

  • Chain of Title Reports

    that determine whether distribution of your project might lead to legal exposure due to an oversight in rights acquisition.