rights-clearance-checklist

Rights Clearance Checklist

What This Skill Does

Generates a comprehensive rights clearance checklist for a media project, covering music, archive footage, interview releases, third-party IP, and location permissions — tailored to the project's format and content.

When To Use This Skill

• You are entering post-production on a documentary or film and need to audit everything that requires clearance
• A broadcaster or distributor has requested a rights clearance report before signing a deal
• You are a first-time producer who wants to make sure nothing has been missed before delivery
• You are conducting a legal review of an existing project before distribution

What You Need To Provide

Required: Project title and format (documentary, drama, short, podcast, etc.), a description of the types of content the project contains (talking heads, archive footage, music, on-camera brands/logos, locations, etc.), the intended distribution (broadcast, streaming, festival, podcast platforms).

Optional: Specific items you know require clearance (e.g., named archive provider, specific piece of music), territory of distribution, any clearances already obtained, any items you believe are in the public domain.

How the Assistant Approaches This

1. Identifies all categories of rights that apply to the project based on the content description — music (sync and master), archive footage, talent releases, location releases, third-party IP (logos, brands, artworks visible on screen), and any special categories (news footage, AI-generated content, crowd scenes)
2. For each category, generates a specific checklist of items to be cleared, documents to obtain, rights holders to contact, and common mistakes to avoid
3. Flags any high-risk items (e.g., music with complex ownership, famous faces in crowd footage, footage from contested archives) and recommends specialist legal review where the risk is material
4. Closes with a "Next Step" note: which HIGH RISK item to address first and whether to contact an entertainment lawyer before beginning clearance on that item, and whether release-form-writer or licensing-brief-writer should be run for specific items still not started

Output Format

Structured checklist by category, with a summary table at the top listing all categories and a status column (completed, in progress, not started). Each category section contains: what requires clearance, what documents are needed, who to contact, and any specific risk notes. Length varies with project complexity — typically 600–900 words. Uses checkboxes and tables for easy tracking. Includes a note on items that require entertainment lawyer review, not just standard clearance. Output ends with a "Next Step" note: which HIGH RISK item to tackle first, whether legal review is needed immediately, and whether to run release-form-writer or licensing-brief-writer for specific items.

Quality Criteria

• All relevant clearance categories are identified based on the content description — nothing generically omitted
• Each category specifies the actual document or licence type needed (e.g., sync licence + master licence for music, not just "music clearance")
• High-risk items are flagged explicitly with a risk note, not buried in the general list
• The checklist distinguishes between clearances the producer can handle directly and those requiring legal counsel
• Distribution territory and platform type are reflected in the clearance requirements (e.g., streaming adds different requirements than theatrical only)
• Output includes at least one concrete next action the user can take immediately (start the highest-risk clearance, contact a lawyer for high-risk items, or run release-form-writer or licensing-brief-writer)

Example

Input

Project: The Collector — a feature documentary about a man who spent 30 years amassing a private collection of vintage advertising posters. The film includes: talking head interviews with the subject and his family; archive footage from a national film institute; clips from 1950s–1970s advertising films visible on a projection screen during filming; original music composed for the film; a brief sequence with a famous pop song playing on a radio; archive photographs from a commercial photo agency; exterior shots at a historic building (public access); a scene in the subject's home with branded items visible on shelves. Distribution: Theatrical + streaming (global), broadcast (European) Clearances obtained so far: Talent releases for all interviewees signed.

Output

Rights Clearance Checklist — THE COLLECTOR

Summary Status Table

Category	Items	Status
Talent releases	All interviewees	Completed
Archive footage — film institute	1 archive provider	In progress
Advertising film clips	Multiple rights holders (unknown)	Not started — HIGH RISK
Commissioned music	Original score	Not started
Third-party music — synchronisation	1 pop song	Not started — HIGH RISK
Archive photographs	1 commercial agency	Not started
Location release	Historic building exterior	Not started
Third-party IP — brands/logos	Multiple products visible	Not started
Public domain assessment	Advertising films, photographs	Not started

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Talent Releases

• Written release forms signed by all interview subjects
• Confirm releases cover global theatrical + streaming + broadcast — check the scope of the releases already signed. If they were signed for "documentary use," confirm with your lawyer that this covers all intended distribution platforms.
• If any subject is a minor: parental or guardian consent required in addition to their own release.

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Archive Footage — National Film Institute

• Licence agreement specifying: territory (global), platforms (theatrical, streaming, broadcast), duration (in perpetuity or fixed term), usage type (documentary context)
• Confirm the institute holds all rights or can confirm they are not liable for underlying rights (music in archive footage can require separate clearance)
• Obtain a written representation from the institute about the rights status of music in any archive clips used

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Advertising Film Clips — HIGH RISK

The advertising films visible on-screen during filming are derived works — they contain original footage, music, voiceover, and potentially third-party IP. Specialist legal advice required before these clips are included in the final edit.

• Identify the original advertiser/brand for each clip
• Identify the production company that produced each clip
• Determine rights status: are these in the public domain? (Copyright law varies significantly by jurisdiction and date of production — do not assume public domain without legal advice)
• If rights holders identifiable: obtain a licence for each clip covering all distribution territories and platforms
• Consider whether these clips can be reframed (shown on the projection screen in a way that makes them incidental, not featured) — this may affect the clearance requirement

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Commissioned Music

• Written agreement with composer covering: ownership of master recording (producer should own or licence the master), right to use the music in all distribution formats and territories, moral rights waiver (UK and EU requirement)
• Confirm MCPS/performing rights registration is handled and that no third-party samples are embedded in the score

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Third-Party Music — Pop Song — HIGH RISK

A pop song "playing on a radio" is not automatically exempt from clearance. Two separate licences are required:

• Sync licence: from the music publisher (covers the underlying composition/song)
• Master licence: from the record label (covers the specific recording)
• Determine if this is fair use/fair dealing in your jurisdiction — this is a legal determination, not a production decision
• If the song is prominent or identifiable: assume clearance is required and budget accordingly. Pop song licences for global streaming can be expensive.

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Archive Photographs — Commercial Agency

• Confirm the agency's licence covers: editorial documentary use, all intended distribution platforms, all territories
• Request a representation that the agency owns or controls the rights they are licensing

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Location Release — Historic Building Exterior

• Obtain written location release from the building owner or management authority
• Check whether the building's exterior is protected by architectural copyright in your jurisdiction (relevant for some post-war buildings in Europe)

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Third-Party IP — Branded Products Visible on Shelves

In most jurisdictions, incidental appearance of branded products in documentary footage does not require clearance. However:

• Confirm products are genuinely incidental (not featured or mentioned by name in commentary)
• If any branded item is discussed, described, or held up to camera: seek legal advice on whether a product placement disclosure or clearance is required

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Recommended Legal Review Items

The following items require review by an entertainment lawyer before the project is delivered:

1. Advertising film clips — copyright status and clearance strategy
2. Pop song clearance — confirm fair dealing/fair use assessment and obtain licences
3. Review of talent releases for global streaming/broadcast scope

Known Limitations

• This checklist covers the most common clearance categories for documentary production. Highly unusual content (classified documents, AI-generated content featuring real people, historical news footage from conflict zones) may have additional clearance requirements not covered here.
• Copyright law varies significantly by jurisdiction. Public domain determinations and fair dealing/fair use assessments are legal conclusions that must be made by a qualified entertainment lawyer in the relevant territory — this checklist cannot make those determinations.
• This skill generates a clearance framework; it does not complete the clearances. Every item marked "Not started" remains the producer's responsibility to resolve.

Related Skills

• licensing-brief-writer
• release-form-writer
• press-release-writer