MOTION PICTURE CLEARANCE CHECKLIST

	Prepared by Securities/Entertainment Attorney John W. Cones

	The following is a guide (not a complete checklist), to be used by the feature
film producer's entertainment attorney (or the errors and omissions insurance company's
clearance attorney) in clearing a film for its first exhibition or broadcast.  The
items listed below should be complied with prior to the film's final cut.  To the
extent that the producer can avoid, self-clear, or anticipate and assist in clearing
any of the issues raised here, clearance for the motion picture may proceed more
quickly and probably less expensively.  Producers may also use this checklist to
aid in selecting properties to option or acquire, so as to avoid expensive and
time-consuming clearance problems.

1.  ANNOTATED SCRIPT--The screenwriter should provide an annotated screenplay noting
throughout the script the various component parts that are based on some existing
underlying work, e.g., books, stage plays, newspaper articles and/or magazine articles
and cite the work.  This will help the attorney or other person responsible for
reviewing the script by providing information which will be useful in evaluating
the risk of a possible lawsuit.

2.  READING THE SCRIPT--The script and any material upon which the script is based
should be read prior to commencement of production solely for the purpose of identifying
and eliminating matter which may be defamatory, invade privacy, result in trade
disparagement or otherwise be potentially actionable, i.e., might lead to litigation.
In any such instance, a determination must be made as to whether the facts or statements
which give rise to concern require a modification in the script.

3.  ORIGINS OF THE WORK--If the script is an unpublished original, the origins of
the work should be ascertained, i.e., determine the origin of the basic idea, along
with the sequence of events and characters.  Ascertain if submissions of any similar
properties have been received by the producer or production company, and, if so,
the producer should be asked to describe in detail the circumstances as to why the
submitting party may not claim theft or infringement.

4.  COPYRIGHT REPORT--Unless the work is an unpublished original not based on any
other work, a copyright report must be obtained in order to determine if the screenplay
presents any possibility of copyright infringement.  Both domestic and foreign copyrights
and renewal rights should be checked.  If there are other articles, books or other
forms of literary work entitled to copyright protection dealing with the same subject,
those materials should be reviewed and compared to the script to make certain that
no copyrighted expression has been copied and that such material does not contain
facts which are not otherwise available in the public domain.  If a completed film
is being acquired, a similar review should be made of copyrights and renewals on
any copyrighted underlying property.

5.  TITLE REPORT--Prior to selection of the final title for the movie, a title report
should be obtained, so as to avoid any claims based on unfair competition or trademark
grounds.  The ultimate issue is whether the use of a particular title is likely
to cause confusion in the public.

6.  PORTRAYAL OF LIVING PERSONS--Whether the production is fictional (and locations
are identifiable) or factual, it should be made certain that no names, faces or
likenesses of any recognizable living persons are used unless written releases have
been obtained.  Releases are unnecessary if a person is part of a crowd scene or
shown in a fleeting background.   Releases can only be dispensed with if the producer
provides the E&O insurer with specific reasons, in writing, as to why such releases
are unnecessary and such reasons are accepted by the insurer.  The term "living
persons" includes thinly disguised versions of living persons or living persons
who are readily identifiable because of the identity of other characters or because
of the factual, historical or geographic setting in which they are portrayed.

7.  RELEASES AND RELEASE PROVISIONS--As a general rule, a release should be obtained
from all living persons portrayed in some way in a movie.  However, the decision
to obtain a release in each case, may be based on dramatic, budgetary and/or legal
concerns.  Releases from living persons should be carefully drafted and should contain
language which gives the producer the right to edit, delete material, juxtapose
any part of the film with any other film, change the sequence of events or of any
questions posed and/or answers, fictionalize persons or events including the releasee
and to make any other changes in the film that the producer deems appropriate.
If a minor, consent has to be legally binding, thus the consent of the minor's parent
or guardian must be obtained.

8.  DECEASED PERSONS--Aside from living persons, even dead persons (through their
personal representatives or heirs) may have a protectable "right of publicity",
especially where there is considerable fictionalization in the present work.  Clearances
should be obtained where necessary.

9.  MUSIC RIGHTS--If music is used, the producer must obtain all necessary synchronization
and performance licenses for such music.
10.  WRITTEN AGREEMENTS--Written agreements must exist between the producer and
all creators, authors, writers, performers and any other persons providing material
(including quotations from copyrighted works) or on-screen services.

11.  PROPERTY RELEASES--If distinctive locations, buildings, businesses, personal
property or products are filmed, written releases should be secured.  This is not
necessary if non-distinctive background use is made of real property.

12.  ACTUAL EVENTS--If the production involves actual events, confirm that the author's
sources are independent and primary (contemporaneous newspaper reports, court transcripts,
interviews with witnesses, etc.) and not secondary (another author's copyrighted
work, autobiographies, copyrighted magazine articles, etc.).

13.  SHOOTING SCRIPT/ROUGH CUTS--The shooting script and rough cuts should be checked,
if possible, to assure compliance with all of the above.  During photography, persons
might be photographed on location, dialogue may be added or other matter not originally
contemplated may be included in the film.  If a line or scene is potentially defamatory
or otherwise actionable, and it cannot be supported by reliable sources, then it
must be edited out of the film.

14.  VIDEO AND OTHER TECHNOLOGY--If it is the intent of the producer to use the
production on videotapes, videocassette, videodiscs or other new technology, the
rights to manufacture, distribute and release the production through the use of
such technology should be obtained or included in releases provided by all writers,
directors, actors, musicians, composers and others, including proprietors of underlying
materials.  Check the releases used or to be used for such language.

15.  FILM CLIPS--The use of film clips require clearances for the second use from
those rendering services or supplying material for the production of the original
film from which the clip is taken.  Special attention should be paid to music rights,
since many publishers take the position that a new synchronization and performance
license is required if a film clip in which such performances originally appeared
are re-used in a subsequent motion picture.

16.  ANY POSSIBLE CLAIMS--Consideration should be given to the likelihood of any
claim or litigation.  Is there a potential claimant portrayed in the production
who has sued before or is likely to sue again?  Is there a close copyright or other
legal issue?  Is the subject matter of the production such as to require difficult
and extensive discovery in the event of necessity to defend?  Are sources reliable?