Film, Production, & Television Producers
Errors & Omissions — Clearance Procedures

Copyright Chain of Title — All Literary Material

Secure all necessary rights covering domestic and foreign territories, including any copyright extensions and renewals, for all literary material contained in the production. If full copyright is not obtained, all limitations and reservations must be disclosed to your insurer. For pick-up productions (completed films or series), rights must also cover the completed work. Trace and clear the origin of all underlying works to confirm all required rights are held.

Written Rights Agreements — All Third-Party Content

Obtain written agreements with all creators, authors, writers, and rights holders for any third-party material incorporated into the production. This includes quoted copyrighted literary works, film and television clips, audio clips, pre-existing music, and featured copyrighted props (maps, artwork, logos, etc.). All agreements must include a waiver of moral rights. Any claimed fair use or fair dealing exception must be reviewed by your attorney and approved by your insurer before relying on it.

Defamation & Libel Clearance — Legally Contentious Content

If any subject matter is potentially defamatory or legally contentious, engage a qualified libel attorney to clear the production before first exhibition. All fair use determinations and recommended editorial changes must be completed and documented prior to delivery. This applies to documentary films, biopics, investigative journalism productions, and narrative projects depicting real individuals or events. All recommended changes must be implemented before exhibition.

Script Clearance — Fictional Characters, Business Names & Locations

For narrative productions, conduct a full cast script clearance check of all character names, business names, organization names, addresses, and other identifying details in the screenplay. All recommended changes from the clearance report must be implemented before production or exhibition. Script clearance is required for both film and television productions seeking E&O coverage.

All-Media Distribution Rights — Streaming, DVD, Digital & Broadcast

All contracts and releases must grant explicit rights to market and distribute the production across all media and platforms, including theatrical, broadcast television, cable, streaming, video-on-demand, DVD, digital download, internet exhibition, and any emerging formats. Any gaps in underlying rights for any distribution channel must be disclosed to the insurer immediately upon discovery.

Music Licensing — Sync, Performance & Master Use Rights

Obtain synchronization licenses and performance licenses from the composer or copyright owner of all music used in the production. Separately obtain master use licenses from the owners of any pre-existing sound recordings. Music licensing is unnecessary only when both the musical composition and its arrangement are fully in the public domain. All three license types — sync, performance, and master use — may be required for a single music cue.

Film & Footage Clip Authorization — Underlying Rights

For any film clip, archival footage, or stock footage included in the production, obtain written authorization from the clip owner with confirmed authority to grant such use. Separately clear all underlying rights associated with the clip — including literary rights, musical rights, actor likeness rights, and musician rights. All clip releases must expressly grant rights to edit, add to, or delete the supplied material.

Unsolicited Submissions — Idea Theft & Access Claims

Confirm that neither you, your partners, directors, nor any production company personnel have received unsolicited submissions of literary or dramatic material, program ideas, formats, or storylines similar to the insured production. If any such submissions exist, document your process for handling them and obtain quit claims from submitting parties where appropriate. Unaddressed unsolicited submissions represent a significant E&O exposure.

Ongoing Disclosure — Post-Application Rights Problems

Any rights issues, legal problems, or clearance concerns that arise after submission of the E&O application must be disclosed to the insurer as soon as they are discovered. Media E&O policies require prompt notification of all known or potential claims. Failure to disclose discovered issues may result in denial of coverage. Engage your production attorney immediately upon learning of any potential rights conflict.

Bonus Content, DVD Extras & Supplemental Media

All bonus material, director interviews, behind-the-scenes footage, deleted scenes, outtakes, commentary tracks, and supplemental content included on DVD releases, streaming platform extras, or any ancillary media version of the production must undergo the same full clearance procedures as the primary production. E&O coverage extends to supplemental content only when it has been separately and fully cleared.

Copyright Renewal Term — Statutory Authorization Required

Any use of copyrighted material in its renewal term must be authorized specifically by the persons or entities entitled by statute to exercise renewal rights. Original grantors of copyright licenses may not retain authority to authorize renewal term uses. Chain of title research must confirm that renewal rights holders have separately and explicitly authorized use of the material in the insured production.

Assignment & Sublicensing Rights — Full Chain of Title

All contracts, releases, and grants of rights — including all prior grants in your chain of title — must expressly authorize you to use the acquired material in the production and to assign or sublicense that material in any form. This is required for delivery to distributors, broadcasters, streaming platforms, and co-production partners. Defects in any link of the chain of title must be cured before exhibition and disclosed to the insurer promptly.