Filmmaking is such an impossible task. Even bad films take perseverance, passion and dedication to complete – not to mention countless sums of money. There is nothing more devastating to an indie filmmaker than to realize their film is un-distributable because they didn’t get the proper clearances.

What does that mean?

Filmmakers must own, or control the rights to, everything contained within their film. It begins with the rights to the story, and covers everything including the actors’ performances, the work of the crew, the music and more.

What’s often overlooked are the small details. The painting on the wall needs to be released by the artist or publisher who own’s the copyright. The family photo needs to be released by the people in it, as well as the photographer who took the picture.

Even character names need to be cleared. “John Smith” is a pretty safe and clearable name… there’s thousands of John Smiths. If you have a character named John Smith who is running around killing people, then it’s unlikely John Smith has an actionable case that you are infringing his name and likeness, or defaming his character.

Brand names should never appear on screen without a release. You may think you are giving free product placement, but the brand may see you as damaging their reputation, depending upon the content of the film and how the brand is displayed.

This is where your props department comes in… making fake labels, paintings, family portraits, or whatever else the story demands.

If you want to do product placement, start well in advance as it could take months to get clearance from a corporate office.

Horror films are especially difficult to place products because of the violence associated with them. If you don’t take the proper steps, you could make a film that can’t be released, or risk a lawsuit if it is released.

I’m not an attorney, and this is not legal advice – so I highly recommend you hire competent legal counsel. Here is an excellent book that covers the subject in detail, along with sample contracts.