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Production Lawyer's Guide to Obtaining E&O Insurance, Preventing Litigation
Previous installments of this article discussed errors and omissions insurance coverage and clearance guidelines for vetting dramatic works. This final segment will wrap up the clearance guidelines discussion, including music and film clips.
Show Elements Used in
Promotion or Publicity
May Create Problems
Some material might be acceptable within the context of the show as a whole, but might not be when seen out of context. For example, fair use of copyrighted material in the show itself may no longer be fair use when used in an ad for the show. Or a reference to a celebrity might be innocuous in a comedy show, but in ads it might falsely suggest that this star endorses or participated in the show. Also, documentaries and docudramas often include scenes or statements that invite defamation claims if seen outside of the more balanced contents of the full show. When there are problem areas, your client needs to provide pre-vetted promotional materials to distributors, or contractually put those distributors on notice that they may not include specific problem materials in publicity.
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