Are You In The Clear? Understanding Clearances in Media Production
You know that old saying, “it’s better to seek forgiveness than ask permission”? Well, when it comes to media clearances, that’s terrible advice.
Clearances are basically legal green lights to use others’ creative work, proving that producers have obtained the necessary rights to incorporate certain intellectual property or outside content into their projects. Without them, a film may struggle to secure financing, insurance, or distribution and face costly infringement claims.
Needless to say, clearances are a critical part of media production. Think of them like an exercise in risk mitigation—not to mention, good karma. After all, you’d want your creative output protected, right?
But, where do you start? When do you start? And exactly what elements of a production require clearances anyway?
Person, Place, or Thing
Simply put, any use of intellectual property (IP) requires a clearance. So, if you plan to feature trademarked materials, like branded products, or copyrighted material, such as artwork, music, and literary works, you’ll likely need special permission. IP clearances also cover any source material or protected story elements, whether the inspiration comes from a best-selling YA novel or real-life events.
Speaking of which, real-life people and places need clearances too. You might be surprised to learn that filming public landmarks or recognizable buildings often requires approval from property owners or relevant authorities. (So, if you want to grab some dramatic footage of the Golden Gate Bridge, you’ll need to clear it with the city’s film commission first.) Using a real person's name, image, or life story in your film also usually requires permission, though there are some exceptions for deceased historical figures and public figures.
Likewise, it's important to get talent releases from every person appearing in a production, including crew members (this is often covered in the Crew Deal Memo). This ensures you can use their image and likeness, whether they're on-camera talent, part of behind-the-scenes footage, or unintentionally caught on film.
Media Clearance Maze
Depending on the size of a production, the responsibility of obtaining media clearances might fall to a producer, entertainment lawyer, clearances coordinator, members of the Art Department, or some combination of all of the above. Some productions outsource the job entirely, hiring a team of professionals to research scripts, determine needed permissions, and track down rights owners, if necessary.
While the process might seem straightforward, there are a lot of hidden complications. For one, it can be difficult to track down rights holders, especially if the work in question is old, not very well-known, or has multiple owners. The work might also involve multiple copyrights, like a photograph that shows a painting or a song that samples other artists. Geography comes into play too, since clearance requirements can differ between cities, states, and countries.
For example, a clearance professional may determine that a short film clip in a documentary about filmmaking techniques does not need permission because it falls under U.S. “fair use” doctrine. However, if the distribution strategy includes Canada, that same clip may need a special clearance due to the country’s stricter “fair dealing” guidelines. With distribution channels continuing to expand, professionals really need to know the law—and not just of their home jurisdictions.
As you can see, there's a lot to consider! That's why it's recommended to start the clearance process early in production, ideally with a thorough script review. Being proactive gives producers time to secure permissions, budget for licensing fees, and plan alternatives if needed.
Need guidance on identifying and securing permissions? These resources can help:
For copyrighted or trademarked materials: Official databases like the U.S. Copyright Office and USPTO are great places to start your search. If the work is published, try contacting the listed publisher or literary agency.
For songs and music: It can be more efficient to check with performing rights organizations that manage music rights and royalties like ASCAP, BMI, and SESAC.
For location permissions: City or county government websites can help with public landmarks and buildings, while online public records like the county assessor’s office or recorder of deeds can help you identify the owners or managers of private property.
For on-screen talent: A talent agent or casting director can help you obtain permissions and contracts for the use of their clients’ images and likenesses. Check out our post on this topic for more information!
PRO TIP! Public copyright licenses allow others to use, distribute, or modify a copyrighted work under specified conditions. To find them, check sites like Openverse, Internet Archive, and the Library of Congress.
Exceptions to the Rule
Obviously, you need consent to adapt a prize-winning news article, but do you need to hunt down permissions for every piece of product packaging in the background of a fleeting convenience store shot? What about couch fabrics, tea towels, and wallpaper patterns?
While obtaining clearances for every element in a production might seem safe, it isn’t realistic—which is why there are some situations where you might not need to secure explicit permission. Keep in mind these exceptions are nuanced and still come with risks. It’s always smart to consult with someone well-versed in media clearances to help determine what’s okay to use and what might infringe on someone’s rights.
In the U.S., the Fair Use Doctrine allows for the unlicensed use of protected works in certain circumstances. For example, “descriptive” or “nominative” use of a trademark is generally protected—like a scene of kids playing with bright green Super Soakers or a character asking for a Band-Aid rather than a “beige fabric plaster.” These uses are presumably relevant to the film's narrative and aren't attempting to mislead viewers into thinking the film is associated with or endorsed by the Super Soaker or Band-Aid brands.
That said, context matters. If your likable character cuts his finger while helping an elderly neighbor, it’s less likely the Band-Aid lawyers will come knocking than if that character cuts himself while committing a crime. Still, it’s important to remember that anytime you use someone’s lawfully-protected IP (positively or negatively) you’re taking a risk. So, when in doubt—get permission.
Here are some exceptions we've encountered over the years. Just remember, these aren’t blanket rules or guaranteed safeguards.
Incidental or Background Use: If a protected element—like the Golden Gate Bridge—happens to appear in the background of a shot and is not the focus, you’re generally in the clear. This also applies to things like titles on book spines, passing logos on trucks, or advertisements on billboards.
Internal Use: For internal corporate videos, the rules can be more relaxed. For example, we wouldn’t be too concerned about workers wearing Carhartt gear in a training video.
General Set Dressing: Everyday items like tables, chairs, and couches rarely need any kind of clearance since they are items of use, not art. However, if that table prominently features a hand-painted portrait or the wallpaper pattern is highly recognizable, you should look into getting the artist’s permission.
Documentaries and News Reporting: When material is being used for educational or critical purposes, there’s usually much more leeway regarding unlicensed use. For example, a filmmaker might use excerpts of TV ads in a critique on consumerism or archival materials in a historical sequence.
The Art of Asking
When it comes to obtaining media clearances, how you ask can be just as important as who you ask. Crafting a clear and respectful request is key, as it helps rights holders—who might not understand how clearances work—feel informed about granting their permission.
Here’s how to do it effectively:
Be specific. Owners deserve detailed information about how their work or property will be used. For music, mention the duration and context of the song within your project. For artwork, explain its placement and how characters might interact with it. When requesting to use a location, share specifics of the shoot and any potential impact on the property.
Prepare to negotiate. Acknowledge the value of the work you’re asking for, and be ready to negotiate terms like usage rights, licensing fees, and duration. Fair compensation is important, but so is knowing when it’s necessary to walk away if an agreement can't be reached.
Have a backup. Always plan for the possibility of delayed responses, unreasonable terms, or outright rejections. Develop multiple options, ensuring you have a Plan B (and C, and D, and E...) ready to go.
Secure documentation. Proper documentation provides a safety net against potential disputes and legal issues, so keep copies of all communication, request letters, consent agreements, and any negotiated terms.
Express gratitude. Always thank rights holders for considering your request, regardless of their decision. Showing appreciation can help build positive relationships and may lead to easier negotiations in the future.