Make a check list of what rights you may need for your advertising campaign. Regardless of whether or not your campaign is for Internet, Broacast, Print, Radio (digital or terrestrial) – you should know what elements of a campaign are subject to copyright protection and therefore, clearance.
SCRIPT CLEARANCE
Be aware of everything that will potentially be on-screen: products (other than yours), photographs, art work and logos (other than yours), film clips, literarry quotations, slogans, and of course, music.
- Film Clips
If you’re using a film clip there are a whole host of clearance that may be attatched to the segment of film you would like to use: actor’s image and likenesses, artwork, and music, including underscore. Each elements has several moving parts; that is, several seperate legal parties that control each element – the studio or the film distributer, each individual actor (or their estates if they are dead). Written permission must be obtained from each actor’s representative as well as the appropriate union, SAG-AFTRA in the United States.
- Art and Photography
These clearances can be difficult in that the hardest part is finding the rightful owner of the piece of art or photograph. Even if a art piece or photograph is seen for a split second in a film clip or video, all parties must be contacted and a license issued.
- Music
Music is the complex one. Each song – (or in the example of a film clip using underscore) – can have mutliple writers and multiple publishers. In some cases one song may have up to fifteen (15) different writing and as many publishing entities. “Synchronization License” refers to the publishing side of a song. “Master Use License” refers to the actual recording of the song is typically owned and control by one or more record labels, depending on the track. Also be aware that some track contain “samples” from other artists and writers with their own set of required clearances.
- Talent and Musician Payments
Payments to singers and musicians on the track you use in your ad campaign must be paid under union rules (with a few exceptions). Singers will be paid through SAG-AFTRA in the US, and musicians must be paid through the American Federation of Musicians (AFM). Be aware that a famous singer’s voice included in your commercial spot, constitutes an implied endorsement of your service or product. This is important to understand when negotiating a lead singers talent fees.
Conclusion:
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