Of course this is the long one ; )
Protect yourself and your project by consulting with an attorney at the start of your project, as in the development or acquisitions stage, or you will get to the deliverables stage and not have the proper documentation needed to sell your project. You can also put these documents together yourself, but it is best to have someone on your team, a Producer, Line Producer or UPM, etc., familiar with all of the clearances, contracts, etc..
There are a few things you will want to keep in mind in various phases of your prep, production, post, deliverables, acquisition, etc.. first and foremost being Chain of Title.
Chain of Title – In addition to your content, it will be one of the first items a distributor will request as part of your deliverables. A distributor will not want to chance picking up a project that may bring a lawsuit because your team did not properly secure the rights. Chain of title covers a lot of different stages and elements of your production.
Title and Trademarks – You’ll want to research your title to ensure there will be no issues with you using it. Just because a title exists doesn’t necessarily mean it’s off the table for you, it just means you need to do your research to ensure there are no unknowns.
Copyrighting – Copyright your script as soon as the first draft is written, and then probably again once final draft is completed. If you are acquiring someone else’s script you’ll want to make sure before any agreements are signed that you have a copy of that copyright. If ownership has changed you will need a paper trail. A copyright should then be given to the company acquiring the project. A specific agreement will need to be signed between the writer and producer (depending on type of project) showing ownership has changed hands. Also note if the script was adapted from another source (novel, article, post..) there will need to be an additional agreement that states the screenwriter or the production company had the rights to the material they adapted.
It’s all about the paper trail.
E&O Insurance – Once all of these things are in order you will want to secure ‘Errors & Omissions Insurance.’ This is a security blanket for your company and its production and its workers. This is a kind of liability insurance to protect against lawsuits and claims alleging unauthorized use, ideas, characters, plagiarism, etc.. This insurance is part of the deliverables a distributor will require. This is where a lawyer could really come in handy.
Copyright and Title Reports – Documents you will need as a part of attaining E&O insurance to avoid trademark infringement.
Music Clearances – It is important to do spotting during pre-production where possible for sound design and specified music for several reasons pertaining to production, usually during the breakdown of the script. This will also help later with your music clearances and stock footage. Keep in mind there are certain audio effects, music, dialogue that, if pulled from other sources, will need to be cleared. Your team will be creating a cue sheet with details such as timecode, ins and outs, usage, etc. If materials are public domain you will not have to worry about clearances, but do your research and make sure that the material can be verified as public domain or this could be costly later. Keep in mind if you do move forward with music clearances each song will need sync and mastering use clearances, but if the music is a work for hire (scoring or other recording) you will negotiate an agreement directly with the artist or their rep.
Stock Footage – Stock footage, stills, and artwork will also need to be cleared through libraries, curators or venues such as Getty Images iStock or Shutterstock or government libraries and research centers, some sites will do royalty free you will just need to pay a one time fee for universal use of the footage, which can be less complicated than having to provide very detailed usage information.
Union Contracts and other Cast & Crew Agreements – These are crucial as part of your deliverables. You must have all of your documents signed by all respective cast & crew and available to the distributors.
Other documents may include…
Certificate of Origin – A certificate stating the origin of the film or where the film was shot and that the film had the clearance to be filmed there. This could be important where tax incentives are concerned.
Clearances on Product Placement.
References to People or Places.
Using a Disclaimer at the End of Your Film.
See page 256 of the Guide to Managing Postproduction for Film, TV and Digital Distribution for more details.