Part One
Overview of Rights Clearance Issues
- Guide to Using This Book
- Who Should Read This Book?
- What Does It Mean to Clear Rights?
- How to Use This Book
- Approach Used by This Book
- Why You Should Clear Rights
- Checklist of Clearance Issues
Part Two
Relevant Rights And Laws
- Copyright Basics
- United States Copyright Law and Copyright Registration
- The Copyright Owner’s Rights
- What’s Copyrightable?
- What’s Not Copyrightable?
- Copyright Infringement
- How Long Does a Copyright Last?
- Fair Use of Copyrighted Works
- Parody of Copyrighted Works
- When Permission Is Not Required to
Use a Copyrighted Work
- Trademark Basics
- What Is a Trademark?
- Obtaining Trademark Rights
- United States Trademark Law
- How Productions Use Trademarks
- When Permission Is Not Required to
Use a Trademark
- Common Elements of Privacy,
Publicity and Defamation Law
- Overview of Privacy, Publicity and Defamation Laws
- Governed by State Law
- Identification Is Required
(Top)
- Right of Privacy
- What Is the Right of Privacy?
- Limitations on Privacy Rights
- Disclosure of Embarrassing Private Facts
- False Light
- Invasion of Privacy by Intrusion
- Misappropriation of Name or Likeness
- Defenses to Privacy Actions
- Right of Publicity
- What Is the Right of Publicity?
- When Has a Producer Violated a
Person’s Right of Publicity?
- Defenses to a Right of Publicity Claim
- Defamation
- What Is Defamation?
- Elements of a Defamation Claim
- Public Officials, Public Figures, and
Private Individuals
- Defenses to Defamation
- Other Relevant Rights and Laws
- Obscenity and Indecency
- Idea Protection
- Son of Sam Laws
- Trade Secrets
- Anti-SLAPP Statutes
- Anti-Paparazzi Laws
- Blindsided from Left Field
(Top)
Part Three
Clearance Issues for Specific Productions
- Clearance Issues for Publishers and Writers
- Copyright Issues in Productions about Factual Events
- Biographies
- Recipes and Cookbooks
- Collective Works and Use of Freelance Materials
- Headlines as Libel
- Clearance Issues for Visual Artists
- Copyright Infringement of Artwork
- Use of a Person’s Image in Your Artwork
- Moral Rights and the Visual Artists Rights Act
- Clearance Issues for Musicians and
Music Producers
- Ownership of and Collaboration on Music Productions
- Sampling
- Copyright Infringement of Music
- Clearance Issues for Film, TV and
Audio-Visual Producers
- Film and Television Programs in General
- News Programming
- Documentaries and the Incidental Use of Music and Images
- Docudramas and Fictionalization
- Clearance Issues for Producers of Websites and Software
- Website Owners
- Software Producers
- Bloggers
- Podcasters
- Clearance Issues for Business
(Top)
Part Four
The Process of Clearing Rights
and Seeking Permission
- Getting Organized
- Listing Materials
- Determining if You Need Permission
- Evaluating Risks of Not Having
Permission
- Determining Your Budget
- Understanding the Impact of Rights
Decisions on Your Production
- Deciding Whether to Work with a Rights Clearance Company
- Minimizing Clearance Costs
- Licensing Through Collective Rights
Organizations
- Putting Your Own House In Order
- Looking In Versus Looking Out
- Production Based on Underlying
Work
- Collaborators, Contributors and Joint Ownership
- Submitting the Request for Permission
- Identifying the Rights Owner
- Preparing the Request
- Describing Your Production
- Identifying the Material You
Want to Use
- Determining the Scope of Rights You Need
- Setting the License Fee
- Negotiating the Rights Agreement
- Contract Basics
- Format of Rights Agreement
- Parts of a Rights Agreement
- Follow-up
(Top)
Part Five
Seeking Permission to Use Specific Materials
- Clearing Rights and Seeking Permission
to Use Books and Other Printed Material
- Books
- Magazines and Newspapers
- Unpublished Printed Materials
- Clearing Rights and Seeking Permission
to Use Visual Art
- Finding and Obtaining Images
- Stock Images
- Fine Art
- Visual Characters
- Other Necessary Rights for
the Use of Visual Art
- Clearing Rights and Seeking Permission
to Use Music
- Are You Using the Song, the Sound
Recording or Both?
- Identifying the Copyright Owner
of Music
- Types of Music Licenses
- Performing Music In Public
- Using Music in Films and Other Audio-Visual Productions
- Making Recordings of Existing Songs
- Using Music on the Internet
- Using Music in New Media
(Top)
- Clearing Rights and Seeking Permission
to Use Film, TV, and Video Footage
- Use of Footage In General
- Stock Footage
- News Footage
- Film and TV Clips
- Permission from Talent and
Entertainment Guilds to Use Film and TV Clips
- Alternatives to Commercial Film Clips
-
Clearing Rights and Seeking Permission
to Use Website and Software Materials
- Websites and Software in General
- Websites and Other Online Materials
- Software Materials
- Clearing Rights and Seeking Permission
with Respect to People
- Dealing with People in Your
Production
- Locating People
- Life Story Rights Agreement
- Consents and Releases
- Clearing Rights and Seeking Permission
to Use Trademarks, Products, and Locations
- Seeking Permission to Use Buildings
and Locations
- Seeking Permission to Use Products
- Locating Trademark and Product Owners
(Top)
Part Six
Minimizing Your Risks and
Protecting Yourself
- Methods of Minimizing Risk
- Obtaining Errors and Omissions Insurance
- Copyright and Title Reports
- Disclaimers
- Dealing with Lawsuits
- Steps in a Rights Clearance
Legal Action
- Where Can You Be Sued?
Appendices
- Appendix A: Resources
- Resources for Protecting Your Work
- Sample Licensing Fees
- Collective Rights Organizations
- Resources for Locating Rights Owners
- Entertainment Guilds
- Other Useful Rights Clearance Resources
- Appendix B: Forms
- Permission Request Letters
- License and Rights Agreements
- Rights Agreements and Forms for Music
- Releases and Consents
- Disclaimers
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