• { Alain Demaine } Alain provides guidelines to producers and production crew regarding trademarks and intellectual properties on-screen usage, from assessing whether licensing is required in context, to securing all rights holders’ consents. He handles all production departments’ clearance requests and provides alternative options when licensing is problematic due to context, turnaround or cost, researches alternates and assists with the creation of fictional trademarks or practical assets. He reviews script and additional research reports and compiles these records as well as any clearance sensitive asset in clearance charts, updated weekly. With 15 years of experience working with prominent global companies like Coca Cola, Nike, Apple, PlayStation and Hasbro, Alain also offers free resources for on-camera purposes when a product placement opportunity presents itself. All clearance records, including clearance reports, production releases / 3rd party license agreements and exhaustive clearance charts, are provided to production digitally at wrap.
  P (514) 296-6247
  E alain.demaine@hotmail.com
• { Elizabeth Klinck } Emmy-nominated Elizabeth Klinck has over 25 years of experience in researching and licensing music, archival film and photographs.
  P (705) 445-9962
  E e.klinck@rogers.com
  W elizabethklinck.com
  IMDB imdb.to/13QWE5R
  LI ca.linkedin.com/in/elizabethklinck
• { Lesley Myers } Lesley works directly with crew, producers, production counsel and rights-holders to ensure intellectual property, copyrighted material and trademarks are cleared to appear on-camera. Lesley provides script breakdowns and reviews script clearance reports with an eye to ensuring recommendations are implemented. Lesley also works on requests from production departments (i.e. sets, props, costumes, etc.) making direct approaches to rights-holders to secure permissions. By the end of filming Lesley provides detailed documentation to producers for inclusion with deliverables to studios and distributors.
  P (905) 349-0297
  E lesley.myers@me.com
  IMDB www.imdb.com/name/nm0616777
  LI www.linkedin.com/in/lesleymyers

Here are links to law offices with experience in e&o matters or entertainment law in general. Those marked with an asterisk (*) are able to provide title search opinions as well.

• Diana Cafazzo {www.stohnhay.com} Toronto
• Suzanne L. Cross * {LinkedIn profile} Toronto
• Danielle Dicaire * {LinkedIn profile} Montréal
• Tony Duarte * {www.duartelaw.com} Toronto
• Sandra Forman {entertainmentlawboston.com} Boston
• Ted Gerdes * {www.gerdeslaw.com} Los Angeles
• Greg Kanaan {www.thelegalartist.com} Boston
• Martyn Krys * {www.filmlegals.com} Toronto
• Lewis Birnberg Hanet * {lbhmedialaw.com} Toronto
• Morin Charnetski Ceroni LLP * {www.mcclaw.ca} Toronto
• Byron Pascoe * {edwardslaw.ca/team/byron-pascoe} Ottawa
• Elaine Rogers, Esq. {www.meisterseelig.com} New York, Boston, Los Angeles
• Innes Smolansky {filmlegal.com} New York
• John Tormey {www.tormey.org} New York City

• { Bereskin & Parr }
  bereskinparr.com/practicearea/trademarks
• { Chitiz Pathak – Marie Lussier }
  chitizpathak.com/category/lawyers/marie-lussier/
• { McMillan – Sharon Groom }
  mcmillan.ca/SharonGroom
• { Miller Thomson – Danielle Bush }
  millerthomson.com/en/our-people/danielle-bush
• { MLS Legal }
  mlslegal.ca/en/our-team

Here are links to further reading on topics related to our work: copyright, defamation, docudrama, invasion of privacy, mixed & miscellaneous, parody, product placement, research history, right of publicity, set dressing, title searches, unauthorized use.

{ Copyright }

• G.M. Used Graffiti in a Car Ad. Should the Artist Be Paid? The New York Times looks at the recent evolution of copyright law as it applies to graffiti, an element of set dressing that we frequently note in reports. 2018, The New York Times Alan Feuer
• The Many Meanings of “Fair Use” How and when to get permission, even when it seems unnecessary Although there are some cases where “fair use” allows you to use copyrighted work there are other circumstances that every film maker should be aware of. 2005, The Independent, Fernando Ramirez Esq
• Untold Stories: Creative Consequences of the Rights Clearance Culture for Documentary Filmmakers A study of the rights clearance process. Study supports filmmakers in their venture for creativity. (year unknown) Centre for Social Media, Pat Aufderheide, Peter Jaszi
• When works pass into the public domain – U.S.
• Chart for when works pass into the public domain – Canada

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{ Defamation }

• Inglewood Says Film Portrayal Is a Bum Rap Inglewood officials relay their disappointment over how their city is portrayed in movie “Grand Canyon” 1992 Los Angeles Times, Mark Lacey
• Legally Speaking It Depends: Defamation Another lawyer (New York-based) weighs in on more things for the writer to keep in mind (author Christopher Schiller).
• Channel Four Television Corporation’s handbook section on defamation This has a U.K. flavour but the concepts work for North America as well.
• ‘American Hustle’ Sparks $1 Million Libel Lawsuit by Former New Yorker Writer An example of defamation caused by allegedly false attribution is presented here (author Austin Siegemund-Broka).

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{ Docudramas }

• Olivia de Havilland, Now 102, Will Take ‘Feud’ to Supreme Court This article details the actions that 102-year-old actress Olivia De Havilland is pursuing (U.S. Supreme Court petition) regarding a recent docudrama that featured a portrayal of her to which she takes exception.
• The Special Problems of Docudramas: No Shortcuts in the Clearance Process These are a lot of work for the clearance company, trying to figure out what’s what, who’s who, what’s real, and what’s been fictionalized. This article explores the topic from the lawyer’s point of view (author Ted F. Gerdes).

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{ Invasion of Privacy }

• Calls For God Upset Phone Owner “cleared” An article describing the problems caused when a movie used actual phone numbers. 2003, BBC News (author unknown).
• Phone Number Causes Almighty Uproar God’s number used in Bruce Almighty, is an active number for quite a few people across the country, they are all receiving phone calls from the public seeking god. 2003, Associated Press (author unknown)
• Right of Privacy Discusses the difference between defamation and invasion of privacy. 2003, Mark Litwak, Esq
• Is NBC in Legal Trouble Over Ray Romano’s Character Name on ‘Parenthood’? Invasion of privacy is one of several possible legal actions described in this article that provides multiple examples of name clearance issues (author Eriq Gardner).
• Hold the phone — that fake number works Another article on use of real phone numbers in media projects (author Mark Caro)
• Howard in Hot Water Again Another article that describes the headaches (and out of court settlements?) that can arise from featuring without permission actual telephone numbers in a media project.
• Dermot Mulroney on August: Osage County, My Best Friend’s Divorce, and Making Salad for Julia Roberts The prominent actor discusses an example of a scripted name being changed after being run through the clearance process (author Jennifer Vineyard).

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{ Mixed & Miscellaneous }

• Do I Need a Release? An experienced entertainment lawyer discusses the multiple issues that can impact your decision: right of publicity, defamation, right of privacy, trademark/copyright concerns. (author Mark Litwak)
• E&O Insurance 101: How to Protect Your Film Project Insurance brokers Front Row wrote a super helpful “ebook” on getting e&o coverage for your media project. If you know nothing about the process, this is a very good place to start.
• 8 Famous Movies and the Lawsuits That Plagued Them The title says it all. This one offers a mixed bag of complaints and settlements (author Rudie Obias).
• And the Lawsuit Goes to . . . An Oscar-Time Guide to “Best Picture” Intellectual Property Litigation “Until they start giving Most Litigated Picture award (which would almost certainly go either to Gone with the Wind or Titanic), you’ll have to make do with our comprehensive guide to intellectual property disputes” (author David Kluft).
• So This Manatee Walks Into the Internet This article tells you all you need to know about the history of the domain name horneymanatee.com in the context of how featured domain names are managed by one late-night television show (author Jacques Steinberg).

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{ Parody }

• Parody, Fair Use, or Copyright Infringement? This delves into the challenging topic of parody definition (author Gano Lemoine).
• Parody, Satire and You: A Quick Artist’s Guide Helps explain the difference between those two types of work (author Max Kimbrough).

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{ Product Placement }

• Product Placement: Getting Name Brands on the Set An article written by a New York City production lawyer Innes Smolansky about the ins-and-outs of product placement deals; the devil is in the details! To contact her with further questions email to innes@filmlegal.com
• Editorial Integrity and Independence from External Interests Here’s the BBC’s in-house statement of policy on product placement in projects that they produce and broadcast.
• Out-of-place: How brands respond to unauthorized product placements “The marketers that are most successful adapting to the social age are the ones that have realized they cannot maintain an iron grip on their image.”
• Trade-marks and Product Placement: The Use of Branded Products in Film and Television Productions Here’s another look at the ins-and-outs of using product placement (author Leonard Glickman).

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{ Research History }

• Before the Cry of ‘Action!’ Comes the Painstaking Effort of Research Although this 1984 article primarily focuses on DeForest Research (the original script clearance company) it also provides an historic overview of film and television research services up to that time. (author Stephen Farber).
• Script Clearance and Research: Unacknowledged Creative Labor in the Film and Television Industry UCLA Film graduate student Michael Kmet began to write a history of the clearance industry a few years ago; his initial overview is an interesting read for clearance nerds (like me).

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{ Right of Publicity }

• Does ‘Detroit’ Risk a Lawsuit From Real-Life Cops? This article seeks to answer the question: “Does a disclaimer at the end sufficiently cover fictional manipulations in an ostensibly true story?”
• Fox News’ Harris Faulkner and Hasbro Settle Lawsuit Over ‘Harris Faulkner’ Hamster Here’s an example of what can happen when a real person’s name is used (accidentally?) for a character in a media project. 2016, Dominic Patten
• Right of Publicity Filmmakers are often unsure how to proceed when it comes to right of publicity. What is public and what isn’t? 2003, Mark Litwak, Esq
• Self Defense for Filmmakers An interesting article about the various story rights considerations for the screenwriter who intends to work on a project based on actual individuals. 2003, Mark Litwak, Esq
• Guardian of the famous and the dead Authors Douglas Harbrecht & Robert Neff offer more information about ” right of publicity” focusing on the work of companies that represent celebrities, alive and dead. 1995, Business Week (author unknown)
• Candle in the wind: Would Elton John’s Publicity rights extinguish with his death? Commercial use of a person’s name or likeness after they have passed away. 1998, Journal of the Copyright Society of the U.S.A, Stanley Rothenberg, Eric P. Bergner
• Grumpy Cat Gets Movie Deal: Wait, Do Animals Have Likeness Rights? (Analysis) The Hollywood Reporter’s Eriq Gardner looks at Grumpy Cat, Lassie, Godzilla, and friends.

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{ Set Dressing }

• One Picture can Hold a Host of Rights When using a picture or photograph there are copyright, privacy right, and trademark issues to consider. 1995, BZ/Briefs, Barbara Zimmerman
• Gay marriage poster family warns over stock image sites Re-use of photos taken by people who are not part of your production can be filled with clearance issues, here’s a great example of unexpected consequences (author Zoe Kleinman).
• Terrorist Sues Lions Gate Over Film’s Fugitive Label Another example of how photos used in a media project that have not been properly “cleared” can cause problems (author Megan Leonhardt).
• Setting the Stage: Guidelines for Television Prop Clearances Entertainment Law Reporter compiles a nice thorough list of issues related to set dressing clearance in this article from 1994. It’s over 20 years old but the concepts still apply (authors Jordan Stringfellow and Helene Godin)
• Who Owns Tattoos? Author Aaron Gordon discusses this issue with a look back at what the courts have said so far.
• Hells Angels Sue MTV for Allegedly Stealing Membership Insignia Some trademark owners are vigilant watchdogs of their mark (author Eriq Gardner).
• Using brands and products in film from the Arts Law Centre of Australia – This “information sheet” from the Centre covers a variety of issues from product placement to tobacco use to the concept of “passing off,” etc.
• How the tobacco industry built its relationship with Hollywood “Objective: To describe the development of the relationship between the tobacco industry and the entertainment industry.” (authors C. Mekemson and S. A. Glantz).
• Here’s why Will Smith’s new movie ‘Concussion’ can legally use NFL logos without the league’s consent This article argues for non-clearance of featured brands if “use of the NFL trademark and team logos does not in and of itself disparage or misrepresent the brands.” For e&o purposes, however, that argument can be a hard sell (author Jason Guerrasio).

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{ Title Searches }

• Can you Trademark a Film Title? This article discusses film titles and trademarks from a British lawyer’s perspective. Screen Daily, Kostyantyn Lobov
• Missed Connections: Seeking The Girl on the Train, Found Girl on a Train – Authorship Protection This article gives a recent example of the “likeliness of confusion” issue, something your title search is looking to avoid.
  National Law Review, Ivy Clarice Estoesta
• The name game – Deconstructing the fine art of kids show titling Have you ever wondered how children’s television shows get their titles? This article looks behind the scenes at the varied factors affecting the selection process. This article is reprinted here with permission from Brunico Communications Ltd. (many thanks). Author is Jocelyn Christie, from Kidscreen (June 2007 issue)
• Weinstein Company will fight The Butler title ruling There are many factors to be considered when deciding on your project title, perhaps none less daunting than discovering that the MPAA might challenge you.
• Disney Files Trademark Lawsuit Over ‘Frozen Land’ Film This shows an example of what is known as “trading off” of the work of another by using a very similar title (author Eriq Gardner)

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{ Unauthorized Use }

• Sculpture in a Movie Leads to Suit The use of Frederick Hart’s sculpture in the Devil’s Advocate has caused legal issues for Warner Bros. 1995, Copyright Website (author unknown)
• Danger: High Clearance – Student Films on the Commercial Market Not even student films are exempt from the clearance process. This fascinating article includes horror stories about promising student films that never saw the light day because of a lack of understanding about the issues at stake. Thanks to writer Lynn Ermann who has given us permission to include a scanned pdf of this 1998 article; it is not currently available elsewhere on the internet.
• Fictional clean slate computer program used in Batman movie is not infringing existing trademark This article describes the consequences of featuring in a film a brand name that really does exist, independent of the movie.
• Sony Pictures Wins ‘Midnight in Paris’ Lawsuit Over Faulkner Quote When is it okay to use literature protected by copyright without first obtaining permission? (author Eriq Gardner)

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