She had verbal agreements with several bands that contributed to the soundtrack... but she just realized she can't get E&O insurance, or a distributor, without all the proper clearances. What's "clearance" you ask?
"Clearance" is obtaining the legal right to use other people's name, likeness, or intellectual property in your film. It ranges from talent releases for your actors, to music synchronization rights from a composer or band. Unfortunately, in most cases, verbal agreements don't cut it. The exception to this is if you have a verbal agreement on film, and it can be determined that all the parties have a full understanding of the potential uses and compensation of the intellectual property in question. Though not ideal, that is better than nothing. Now, I'm not an attorney, and this is not legal advice, so, if you plan on making a film that you intend to sell to the public, I highly recommend getting the counsel of an experienced entertainment attorney to help you navigate the often confusing and highly detailed area of "Clearance."
But before you drop $5000 on a retainer fee, you can drop $20 and get a amazing book that will help you familiarize yourself with this tricky area. This book will save you a TON of money and heartache! And it will better prepare you to find the appropriate attorney, and communicate your needs effectively with them, saving you valuable attorney time - (time = money.)
The book is "Clearance & Copyright" by attorney Michael Donaldson. I can't recommend this book highly enough, and not just because my attorney wrote it. Getting all the paperwork sorted out before hand is not exactly fun and creative, but if you intend to be a filmmaker, you also have to be a business person. Don't get stuck with a film that a distributor wants, but can't touch because you didn't get your clearances! Good luck in your projects!
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