In the audiovisual sector, every frame counts... also from a legal perspective. A film or television work may include elements that, if not managed correctly, can lead to complaints, distribution blockages, or even legal action. Therefore, the legal clearance It is an essential stage in any production.
What is Clearance in the cinema?
The clearance is the legal review process of an audiovisual work with the aim of detecting elements protected by third-party rights (such as musical works, trademarks, artistic works, or personal data), verifying whether said rights are valid, and, where applicable, obtaining the necessary authorizations for their legal use.
This work includes:
- Identify protected content in the work.
- Check whether the rights are in force or have entered the public domain.
- Negotiate licenses with copyright holders where necessary (e.g., synchronization licenses or inclusion of pre-existing works).
If you're interested in learning more about what clearance is and how it's applied in practice, you can watch this explanatory video: What is Clearance in Film? – Video by Elzaburu
What third-party rights may be involved?
Several types of rights may come into play in the development of an audiovisual project. The most common are:
Copyright
They affect any pre-existing artistic creation:
- Cinematographic works, literary works, paintings, photographs, sculptures
- Photographic works and mere photographs
- Music
- Fonts: Many fonts are protected by copyright.
Industrial property rights
- Trademarks: its use may require authorization if it involves improper use or may generate confusion about the origin of the product
- Industrial designs
- Personal details
License plates, phone numbers, or real documents may be considered personal data. At Elzaburu, we always recommend avoiding the use of real personal data, since even if we obtain the data subject's authorization during recording, it may change ownership later.
Right to honor, privacy and one's own image
Especially relevant in productions based on real events, true crime o docu-realities, where directly or indirectly identifiable persons may appear.
When should I hire a clearance coordinator for my audiovisual production?
Clearance should be part of the project from the beginning:
- Development: review of the script to identify possible conflicts
- Preproduction: Collaboration with the art department to verify sets, posters, objects or fonts
- PRODUCTION: analysis of elements that may arise during filming
- Postproduction: Review of the assembly and issuance of legal reports before final delivery
This monitoring helps minimize legal risks, optimize resources, and avoid costly last-minute changes.
Frequently asked questions about Clearance in audiovisual productions
What exactly is reviewed during the clearance process?
Elements that may be protected by third-party rights (music, trademarks, artwork, identifying data, etc.) to determine whether they require the required authorization or license.
When is the best time to clear?
From the script's conception. The sooner risks are identified, the easier it will be to avoid them and adapt production without additional costs.
Can a trademark be displayed without permission?
It depends. If there isn't any prominent or promotional use of the brand, authorization may not be necessary. However, each case must be analyzed individually.
What if a song is only used for a few seconds?
Even short excerpts require a license if they are not in the public domain. Music synchronization requires the copyright holder's permission, unless the work is in the public domain or under an applicable free license.
What about license plates or phone numbers that are displayed on the screen?
Even if they appear random, they can be considered personal data. As a precaution, it's best not to use real data.
What happens if clearance is not made?
Legal claims, distribution blockages, insurance issues, and lost business opportunities may occur.
Is clearance mandatory?
It's not a formal legal requirement, but it is an essential legal practice. In fact, many platforms, distributors, and insurers require it as part of the delivery process.
Are you developing an audiovisual work?
From the Elzaburu Media & Entertainment DepartmentWe assist producers, platforms, and studios in identifying and managing all third-party rights involved in their projects, minimizing risks from the script to the premiere. Our experience combines technical knowledge in intellectual and industrial property and image rights with a practical understanding of how an audiovisual production works.
Claudia Fernández, Junior Associate of the Area of Media & Entertainment by Elzaburu
