CLEARANCE TOOLKIT

What Exactly are "Clearances" and Who's Responsible?

It’s a straightforward question, but it can sometimes be tricky to pin down properly.

Essentially, clearances are the process of ensuring that any copyrighted material included in a production has the appropriate permissions secured, with all the paperwork signed and logged. Sometimes this means obtaining a formal release signed and countersigned, with fees paid. Other times, it might mean a lawyer has approved the use of a copyrighted item without additional permissions.

There are often many roles involved, and it can be difficult to determine where the “safe” line is—or who’s the best person to decide when something falls outside of it. Ultimately, the producer (or occasionally the production designer) is responsible. If an uncleared artwork makes its way into a film and a complaint is filed, the producer is liable for the resulting fees.

That said, great producers work hard to foster a culture where clearance is a shared responsibility and front of mind at every stage of production. A crucial part of this is ensuring the right legal advice reaches the right people at the right time. Working in clearances often involves acting as a bridge between these two groups—making sure the legal advice is reviewed, understood, and actionable, while keeping the producer informed and prepared to accept any risks that arise.

This process is fairly straightforward when there’s one producer and one lawyer. But, more often than not, there are many more people involved. You might need to deal with clearance lawyers, business affairs lawyers, and vendor lawyers. There are also clearance managers, coordinators, and consultants, alongside neg checkers, script researchers, archive researchers, compliance managers, prop placement agents, and brand integration managers.

Depending on the size, budget, and resources of the production, you might have a clearance team of four to ten people—or just one person handling everything. On smaller productions, it’s usually a superhero production coordinator juggling a long list of other responsibilities.

If you’re starting a new production and trying to make sense of it all, this breakdown of the key aspects of clearances—and who typically handles them—might help.

Arranging permissions

CLEARANCE CONSULTANT BUSINESS AFFAIRS LAWYER

This involves obtaining a release signed by the copyright holder. This could be for artworks, books, quotes, or permission to use stock libraries or newspapers. It’s rarely straightforward and often requires negotiating the terms of the release. Business affairs lawyers may need to review and approve changes or agree to sign the vendor’s release.

Assessing Copyright Infringement

CLEARANCE LAWYERCLEARANCE CONSULTANT

A clearance lawyer evaluates designs inspired by existing creative works to ensure they don’t infringe copyright. This requires comparing the source material with the final design to confirm it’s original enough not to be considered copying. The clearance consultant typically acts as the go-between, relaying feedback and facilitating design revisions until they meet legal standards.

Tracing

CLEARANCE CONSULTANT

When the creative team identifies an artwork (or quote, book, etc.) they’d like to use but can’t confirm its origins, the clearance consultant steps in to research the creator and copyright status of the material.

There's a rough guide to this process and how to help get a better outcome here

Prop Placement

CLEARANCE CONSULTANT BRAND INTEGRATION MANAGER

Prop placement is typically managed by the set decoration team or a prop placement agency, but the same clearance rules apply. Prop placement often comes with specific conditions or restrictions (e.g., some alcohol brands may prohibit on-screen drinking directly from the bottle). The clearance consultant ensures these conditions align with the production’s needs and works with business affairs lawyers to finalise terms and get releases signed.

Note: Prop placement (sometimes called a Tradeout) differs from Product Placement, which is a paid marketing activity regulated by Ofcom in the UK.

Neg checks and real world data

NEG CHECKER

The neg checker identifies and suggests cleared alternatives for any real-world data (e.g., names, addresses, phone numbers) that might unintentionally disclose personal information or harm a business’s reputation. The graphics team, set decorators, production coordinators, and production designers are all responsible for ensuring such details don’t appear in the final production.

Legal / Libel

CLEARANCE LAWYER BUSINESS AFFAIRS LAWYER

Clearance lawyers review scripts to identify and flag potential legal risks, such as depictions of real-world entities or individuals that could result in complaints or lawsuits. They also provide ongoing advice for high-risk scenes.

Ensuring the cleared items make it to set (and the uncleared ones dont)

This is everyone!

Summary

Clearances involve a wide range of responsibilities, and they often touch on multiple roles within a production. If you’re tasked with handling clearances, start by clarifying which of these areas fall under your purview and who’s responsible for the rest. If you’re part of the production and have questions about clearances, this guide should help you identify the right person to consult.

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