Breakdowns - Schedule Budgeting

Copyright, music clearance & insuranceWhat is copyright?Copyright is a set of exclusive legal rights given to the author or creator of an original work that includes the right to copy, distribute, adapt, perform and display the work in public. The work itself does not necessarily have to be unique. The owner of the copyright to the material has the right to copy, print, and distribute their work.

Introduction to copyrightAnyone else who wants to reuse the work in this way has to obtain permission from the owner. Copyright law is automatically granted to an author or creator of a work as soon as the work is created.

If work is created by an employee, then the employer is the copyright holder.copyrightAn idea is not protected by copyright. It is the use of that idea (such as a novel or song) that is protected. For a work to be protected by copyright, it has to be in tangible form such as a book, e-book, software, music disc, painting, etc. Copyright does not protect names, titles, facts, ideas, discoveries, systems, common words, phrases or methods of operation. It may, however, protect the way these things are expressed, provided they meet the necessary criteria for copyright registration.copyrightWhat can be copyrighted?The following are some examples of works that can be copyrighted:literary works, including books, poems, theses, publications, handbooks and manualsmotion pictures, TV series and dramatic works, including any accompanying music.pantomimes and choreographic workscomputer software and animationscomputer software - graphical user interfacessongs, song lyrics, sound recordings, and musicphotographs, graphics, images, picturesweb pagesworks of art including paintings, sculptures, architecture, and computer graphicseducational materials including texts and testsprogram signalsbroadcasts (radio, television, etc.)

copyrightHow can a work be copyrighted?Under the South African Copyright Act No. 98 of 1978, you do not need to go through a copyright registration process in South Africa. Once you have created the work the copyright registration process is complete. You can, however, obtain copyright registration in other countries such as in the USA. To be eligible as an author or creator of a work in South Africa, you need to be a South African citizen or resident.copyrightThe Copyright Act does not prescribe any formalities for copyright protection and the right becomes enforceable on the date of the works publication. It is, however, advisable to put your name and the date of publication together with your claim:Copyright (Year) Author's nameAll rights reservedAt a university all staff and students applicable work that was published in the course of their work or studies must carry the following copyright identification:Copyright (Year) University of Cape TownAll rights reservedThe (Year) represents the year in which the work was first published. According to the Bern Convention of 1886, all work that was first published in South Africa will also be protected internationally.

copyrightHow long does copyright last?In South Africa the term of copyright is 50 years from the end of the year in which the work was first made or in which the author dies or is presumed to have died. Only once the copyright expires does the work fall into the public domain.

copyrightWhat is the public domain?The public domain refers to works that are either ineligible for copyright protection or has an expired copyright on it. It is the total absence of copyright protection for a piece of work that is not owned or controlled by anyone. The term indicates that work is "public property" and available for anyone to use for any purpose. If the work is within the public domain there is no ownership rights associated with it. It may be said that everyone and no one owns the work. Therefore, anyone may reproduce the work, distribute it, adapt it, etc.

copyrightWorks become part of the public domain when:the original author or creator places their work in a public domain,the copyright expires and the owner does not renew the copyright for their work,the work is no longer owned by the original author,no law exists that establishes proprietary rights to the author or creator, or they are specifically excluded from existing laws, they were created before copyright laws were passed.

copyrightWhat is music clearance all about?

While music clearance is usually the job of the Music Supervisor of a film or television production, filmmakers may need to function as the Music Supervisor where it is not possible to hire a Music Supervisor. In any case, it is advantageous for filmmakers to be familiar with the job of the Music Supervisor.Music cLEARANCEMusic clearing is the process of negotiating and obtaining permission from a publisher to use one or more songs or source music cues in a film or television production, and negotiating a fee for that use. The end result is a Synchronization License, in which all the terms for usage of the music are clearly stated.

If you wish to use an existing sound recording of the music in a film or television project, an additional license called a Master Use License from the owner of the sound recording is usually required.Music clearanceIt is wise to start as early as possible with the licensing process, because many times music is published by more than one publisher and the process of negotiating with each publishing company can be quite time consuming.

Once you've identified the music you want to use, the first thing you'll need to do is identify the publisher(s) of the music.

Music clearanceAll music is subject to copyright protection unless it is in the public domain.

Clearance means determining who owns the copyright to a piece of music and negotiating a license to use that material for exhibition and distribution in specific territories and media in exchange for the payment of a fee to the copyright owner.To secure rights to a composition, start by approaching the author; the authors estate, lawyer, publisher, or agent; or the organization that represents the publisher and licenses those rights on its behalf.Music clearanceOnce you've obtained the publisher information, call the publisher(s) to determine what information they will need to give you a quote. Usually, publishers will require a written request letter stating all the terms of your proposed usage of the music. A typical quote request letter contains the following information: * Title* Author(s)* Duration of the song (if unsure, decide on a maximum length the usage could be and state "up to but not more than...")* Territory, for example, the world, S.A , film festivals, the universe, etc.* Proposed Advertising and marketing uses such as trailers and television/radio commercials* Description of the scene where the music will be used (sometimes publishers will request script pages or rough video footage). Also included here would be whether you wish to use an existing sound recording or intend to re-record the song.* Length of the license, usually in years or in perpetuity

Music clearanceAfter receiving a quote it is important to send a letter confirming all the terms of the license. The publisher or record company will then issue a license when the fee has been paid. At this point you may want to request that the publisher or record company supply you with exact information for the end title screen credits.

When contacting publishers, ask what percentage of the publishing rights for the music they own. You want to make sure 100% of the publishing is accounted for. Also, world publishing rights of some music is divided - one publisher may own the domestic publishing rights, while another may own the foreign rights.Music clearanceYou might have heard that you can use a few bars from a song for free. This is false. You will be prosecuted, fined or sent to jail!Music clearanceIf you use a song that has not been cleared, you carry the risk of being caught. Failure to clear the music might result in an injunction and large legal fees. You may have to pay an out-of-court settlement or have to make extensive changes to your show to remove the musical selection.Music clearanceSome public broadcasting entities, such as SABC, MNET, have blanket agreements and compulsory licenses that may allow you to use music without clearing it with rights holders. This only applies to television broadcast. You may still need other rights if the project is shown elsewhere.

Blanket License:A license issued by MRO that authorizes the public performance of all the songs in the societys catalog. Paid annually, it allows a customer to perform any of the works on the database of a particular MRO as many times as they want without filing individual requests.

Blanket lICENCES AND mUSIC CUE SHEETSIf a broadcaster has a Blanket License Agreement the Production Company supplying the production to the Broadcasters must submit a Music Cue Sheet with each episode or Production delivered to the Broadcaster.

This tasks normally falls within the duties of the Editor or Final Mix Operator but is ultimately a Production (Producer or PM) responsibility.

Lets look at a Music Cue Sheet template.Blanket lICENCES AND mUSIC CUE SHEETSThere are music clearance houses that handle all the details of locating the rights holder, negotiating a deal, and sending out or requesting the contract. Because they handle a volume of business, professional clearance people can accomplish these tasks in a fraction of the time and many times negotiate a better deal.

So enter

Blanket lICENCES AND mUSIC CUE SHEETSMusic clearance

Music clearanceInsurance plays an important role in motion picture and video production. Having insurance is as essential as having film stock or the right camera. In the course of normal life, calamities can happen and life goes on. In the course of a production, a car accident, sickness, a robbery, or a fire can bring the production to a screeching halt.

Film InsuranceA budget, even with a contingency of 10 percent, is not flexible enough to cover keeping a crew standing for days, even weeks, while the lead actor recovers from an accident. This is why you need some type of protection for the unexpected occurrences that could happen in the course of the finely orchestrated movement of material, equipment, and people.

Film insuranceSome insurance companies specialize in entertainment insurance packages. They will evaluate the needs of the production and provide a price for appropriate coverage.

You might not be able to afford everything the company recommends, but it is highly recommended that you carryat least equipment and comprehensive liability coverage. You dont want to be personally responsible for property damage or injury on the set. Equipment houses will not rent to you without equipment insurance. Some offer their own insurance, but many dont.Film insurance1 Public Liability

Public liability coverage protects the production company against claims for bodily injury or property dam- age liability that arise from filming a picture. Coverage includes use of all nonowned vehicles.

Public liability policies do not cover accidents arising from the use of aircraft or watercraft. This coverage must be purchased separately.

Film insurance2 Miscellaneous Equipment

The miscellaneous equipment policy covers you against risk of direct physical loss, damage, or destruction to cam- eras; camera equipment; and sound, lighting, and grip equipment owned or rented by the production company. Coverage can be extended to cover mobile equipment vans, studio location units, and similar units upon payment of an additional premium.

Film insurance3 Third-Party Property Damage Liability

Third-party property damage liability coverage pays for the damage or destruction of the property of others (including loss of use of property) while the property is in the care, custody, or control of the production company and is used or is to be used in an insured production.

Film insurance4 Errors and Omissions

Distributors usually require errors and omissions cover- age before the release of any production. It covers legal liability and defense against lawsuits alleging copyright infringement; unauthorized use of titles format, ideas, characters, or plots; plagiarism; unfair competition; and invasion of privacy. It also protects against alleged libel, slander, defamation of character, and invasion of privacy suits.

Film insurance5 Cast Insurance

Cast insurance reimburses the production company for any extra expense necessary to complete principal photography due to the death, injury, or sickness of any insured performer or director. Insured performers or directors must take a physical examination before they can be covered. Coverage usually begins three weeks before the beginning of principal photography.

Film insurance6 Negative Film and Videotape

Negative film and videotape coverage insures against all risks of direct physical loss, damage, or destruction of raw film or tape stock, exposed film (developed or undeveloped), recorded videotape, soundtracks, and tapes, up to the amount of insured production cost.This coverage does not include loss caused by fogging; faulty camera or sound equipment; faulty developing, editing, processing, or manipulation by the camera operator; exposure to light, dampness, or temperature changes; errors in judgment in exposure, lighting, or sound recording; or from the incorrect use of raw film stock or tape.

Film insurance7 Props, Sets, and Wardrobe

Props, sets, and wardrobe insurance provides coverage for props, sets, scenery, costumes, wardrobe, miscellaneous rented equipment, and office contents against all risk of direct physical loss, damage, or destruction during the production.

Film insurance8 Office Contents

Office contents insurance is all-risk coverage (subject to policy exclusions) on office contents, subject to a low deductible.

Film insurance9 Animal MortalityWhen animals are used in the production, consideration should be given to special animal mortality coverage.This policy insures against the death or destruction of any animal covered. A veterinarians certificate is usually required for this coverage. If the animal is a principal character, the cost to be paid to finish principal photography might be covered under cast insurance.Film insuranceEND THANKS!Thanks