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Will Errors & Omissions insurers accept your script clearance/title search reports?

Yes. Since our incorporation in 1993 we have never heard of an insurance company having issues with or concerns about our work.

Do we need to set up an account with you?

No. Simply let us know what you need and we will send a bill. No credit application is required. We ask that you complete a very short order form.

What forms of payment do you accept?

We accept payments by Interac (most common form at this time), cheques (business or personal), or wire transfers (email us for those details). In rush situations sending us a scan of a cheque is acceptable proof that payment is forthcoming. We continue to avoid the extra overhead of credit card payment fees as a way to keep costs to you as low as possible.

What do you charge for this work?
Please request a current rate sheet. Our prices for feature film clearance reports vary depending on your desired turnaround time. Prices for title searches vary depending on turnaround time and the scope of the search (global, French language distribution, North American, U.S. only, Canada only). Rate sheets also cover all options for television series work (pilot scripts and episodic reports).
What is your billing policy for revisions and miscellaneous art department requests?

We bill at an hourly rate for both of these. A bill is sent when there is enough work collected to merit preparing/sending an invoice.

What is your billing process for title searches, for clearance work?

We request prepayment on work for title searches, feature films, and pilot scripts. For ongoing series work, we bill on a weekly basis. We send all invoices by email.

I need a clearance report for my documentary. Can I get that from you?

Documentary projects do not need script clearance reports. Script clearance reports look at the use of fictional character, business, and product names. Think: tv cop drama, made-up names of the police officers, criminals, the district attorney. If the scripted names identify anyone or anything real, we come up with alternatives for you to use to avoid any conflict.

For documentary production you might instead need to discuss with a lawyer the clearance issues and paperwork around music, footage, photos, artwork, etc. that are part of your project. We have collected a list of referrals to lawyers here for your convenience: easternscript.com/resources/. [Scroll down to Referrals / Law Firms.]

We do provide title searches which are needed for both fiction and documentary projects.

What’s the turnaround time on a title search report?

We have four turnaround times on our title searches: 10, 7, 5 and 3 business days. We cannot always accommodate 3-day turnaround, please contact us in advance to confirm that this will be possible.

What's the turnaround time on a clearance report?

We have four turnaround times for feature films: 10, 7, 5, and 3 business day turnaround. We cannot always accommodate 3-day turnaround, please contact us in advance to confirm that this will be possible.

For regular television episodes we promise 5 business day turnaround on 1-hour scripts and 3 business day turnaround on 30-minute scripts. For pilot episodes we promise 8 business day turnaround on 1-hour scripts and 5 business day turnaround on 30-minute scripts.

We’re block shooting, how do you handle that?

Please be sure to let us know that you are block shooting when you contact us to request a rate sheet.  If we can accommodate simultaneous turnaround on two scripts, we charge an additional 50% for the second script report.  Otherwise, the scripts are scheduled for consecutive turnaround at our usual turnaround times in order of priority

How do I submit a request?

Incoming emails are monitored in a central email box from which all requests are processed. Turnaround time is then confirmed with the client.

Will you assign one person to work on our television series?

No. Work is distributed according to daily priority and staff availability. We have found over time that having different people work on a series has far more benefits than disadvantages. In this way we are able to have a collective “institutional memory” for each series we work on.

What is the difference between a title search and a clearance report?

A clearance report includes notes on elements within a script such as character names, dialogue references, featured set dressing items, music use, etc. We research these elements in order to assess risk. Have you, for example, inadvertently chosen as the name of your main character (a New York doctor) the name of the only licensed doctor by that name in the state of New York? Once received, the production office goes through the report item by item to consider the conflicts we have identified. We provide clear alternatives for scenarios such as the New York doctor situation above so that you can quickly substitute another name if time is scarce.

A title search looks only at the title of a project and shows you uses of same and similar titles in: film/television projects, business names, domain names, relevant copyright registrations, music, plays, publishing, radio, and trademark registrations (in the classes that include media projects). The document then goes to production counsel who assess risk and determine (with counsel for e&o insurer) if the title is safe to use.

I need a clearance report for my documentary. Can I get that from you?

We work on two types of projects here: script clearance reports and title searches. A script clearance report looks at the use of fictional characters, businesses, and product names. Think: tv cop drama, made-up names of the police officers, criminals, the district attorney. We look to make sure that the scripted names don’t identify anyone or anything real. If they do, we come up with alternatives for you to use to avoid any conflict. So, for a script clearance report, we’re looking at fictional story elements in a fiction project to make sure there are no accidental identifications of real people, companies, brands. This type of research is not needed for a documentary project.

For non-fiction, you instead want a discussion with the lawyer for your project about the paperwork you have collected to secure the rights for any music, film footage, photos, artwork, etc. you will feature. The word “clearance” is still involved but there is not a scripted fictional project that needs the “script clearance” work described above. The clearances needed instead are this type: did you “clear” (meaning: obtain the appropriate permission paperwork) for the use of anything in your documentary that you did not create yourself?

We have collected a list of referrals to lawyers here if you need this type of review: easternscript.com/resources/. [Scroll down to Referrals / Law Firms.]

We do provide title searches which are needed for both fiction and documentary projects. They provide a full history of the use of the title you have selected for your project, listing its appearance in many media (film, television, publishing, theater, music, etc.). A good title search includes enough sources to give you confidence that your project title will not be confused with another when it is ready for release. And in the final confusing element of this clearances conversation, we don’t provide “title clearance,” we only provide the research document showing how the title has been used. Once again, a lawyer must weigh in to provide an opinion on whether the title is safe to use or not.

Why do a title search, I thought titles couldn’t be copyrighted?

While it is true that a title alone cannot get copyright protection — only the full work itself does — insurers want to see a title search report for a variety of reasons.  To avoid “marketplace confusion,” they want to see that your project will not be released at the same time as another by the same name. They also want to make sure that your work is not using the “goodwill” of another in order to sell itself; for example, the estate of Margaret Mitchell might take exception to a film by the title Gone With the Wind of Arizona. Our title searches also include searching of international trademark database where there might exist conflicts that are not easy to find via general internet searching.

We have a title that has been used before – probably many times. Does that automatically mean we can't use it?

The answer is (the much-dreaded): “it all depends.” It depends on how many other projects are using that title, how recent those projects are, and who are the owners of the properties. If there are quite a lot by the title but they are significantly in the past and there seems to be no trademark registration involved, you will have less of a potential conflict. BUT you might think twice if only one of the listings is currently “in production” and is owned by a major motion picture studio. Or perhaps we find a series of books by your title published by a major publisher that has a new trademark registration in  a lot of classes ( they’ll be selling books, backpacks, video games, etc.). So, we really have to look at all the sources  and get the big picture before you can come to a logical conclusion about the risk factor. That conclusion comes from a  conversation between you and your production counsel.

Can we get a shorter cheaper title search, we are super low budget?

Please ask us for prices on our “Basics” title search (3, 5, 7 or 10 business day turnaround), this might be just what you need.

Do you conduct title searches for television episodes?

Yes, we can incorporate preliminary title search notes into any television episode report for a small additional fee. Please email for a current rate sheet and details on sources consulted.

Do I need an “opinion” on my title search, if so how do I get this?

Our understanding is that there is a divide on this issue between Canada and the U.S. In Canada, production counsel usually delivers the verdict on whether a title is clear to use or not. In the U.S., a written opinion is often needed in addition to the title search report that we provide. That opinion must come from a lawyer who has some experience in the e&o field. The “referrals” page at our website lists lawyers who provide title search opinions.

Do you do copyright searching?

The copyright searching we conduct for title searches consists of examining online records at the U.S. Copyright Office and Canadian Intellectual Property Office.

This is different from the type of copyright search that an insurer may require for “chain of title” purposes. Chain–of–title copyright searching is needed when an insurer wants proof that there are no other potential owners of rights to your work, especially if the project is based on an existing work. If your work is original (and you can prove it) then you shouldn’t need that searching.

If your work is based on an existing property, the copyright search for “chain of title” uncovers the various potential owners of a work, such as in this scenario: magazine article written in 1955, adapted into a novel in 1974, rights for novel assigned to someone for a screenplay in 1989, and so on.

We don’t offer chain–of–title copyright searching because we don’t have staff in Ottawa and Washington where that searching has to happen—physical records (paper, microfilm, etc.) need to be searched. If you need that done, we recommend contacting Thomson CompuMark.

Do you do research on images/logos you would like to use as part of your project?

We can conduct preliminary research if what you are trying to find is the rights holder for a particular image. A typical request in this vein is from someone in the art department who found a framed print at an antique shop which he/she would like to use as set dressing but there is no rights holder known or noted on the work.

If what you need is a full search on an original design/artwork that production has created to feature as a distinguishing logo of the production—something that might be a featured story element— then you will likely require the more detailed product called a “design (code) search.” Again in this instance we recommend contacting Thomson CompuMark.

Do you do footage + music clearances?

We refer these enquiries to research colleagues who have decades of expertise in those two specific fields and thus are quickly able to 1. assess the amount of work/time involved; 2. redirect you immediately if their experience tells them you will be paying more and waiting longer than you are able; 3. access their vast resources for quick contact with rights holders; and 4. negotiate on your behalf with years of experience to guide that process.  For a list of referrals, please head to this page:  easternscript.com/resources and select ” Referrals | Aquiring & Negotiating Rights.”

Is animation clearance work different from live action?
The primary additional clearance concern for clients with animated children’s projects is merchandising. Producers of most kids’ television want to ensure that they will be able to market story elements if that opportunity presents itself. So our typical clearance report for an animated children’s show includes extra searching of international trademark databases. The searching also involves “common law” sources (in–house book collection and lots of internet searching) to see what else is out there without trademark registration that might nonetheless present a conflict. This type of search can be quite time–consuming and the additional billable fees for database searching can be minimal or significant.
What do we do when story elements don't "clear"?

We try in our reports to include clear alternatives that match the flavor of what had been in your script.  Sometimes we will consult the client for suggestions if none of the alternatives we research are coming up “clear.”

When does our lawyer get involved in this process?

See our note re: title search opinions for more on this topic.

For clearance reports, typically the production office has 1 person who requests, receives, and distributes the clearance reports. Different  departments figure out what needs to happen next. For example, someone in the art department looks at signage that needs to be made and finds out
what the clearance report says re: whether the scripted names are clear or not. The script supervisor might be the person who picks from clear  alternatives if a character name turns up “not clear.”

We would suggest that you involve a lawyer when there are issues beyond these easier decisions. If a signed release is needed, a lawyer should review whatever documents you intend to use. If there is a “not clear” name that you want to use regardless of our findings, it is best to consult with your lawyer re: the level of risk involved with whatever finding we had presented in report.

What can you tell me about your staff, what background is needed for the work you do?

Our staff has come from diverse backgrounds, including film studies, corporate public relations, teaching, human resources, academic administration, legal …  the common denominator is attention to detail, it is the most important part of the job.  The other key component is an interest in finding things out.  Another shared trait, it seems, is love of reading.

Phone: 844.842.3999

Canadian Office | #223-829 Norwest Road, Kingston, ON K7P 2N3
U.S. Office | 41 Havelock Road, Worcester MA 01602

Legal Research for the Entertainment Industry

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