Legal clearance: the key step in protecting your audiovisual project
Written by Santa Nova
Every audiovisual project requires legal support. If you are a producer or investor, you must protect your investment from the outset.
When producing an audiovisual work, producers and investors usually focus on creative and technical aspects such as choosing the script, hiring talent, filming technology, and promotional strategies.
However, there is an equally essential component that is often underestimated: the legal management of intellectual property rights, known as clearance.
Incorporating an intellectual property lawyer from the outset is a strategic and essential decision. This measure helps to prevent legal, financial, and reputational risks.
What is legal clearance?
Clearance is a legal due diligence process that allows for the verification and refinement of intellectual property rights involved in an audiovisual work.
Its purpose is to ensure that all elements used in the work—script, music, images of actors, trademarks, locations, among others—have the required authorizations and do not infringe on the rights of third parties.
Although this process may seem complex and demanding, it is essential to carry it out in a timely manner to avoid legal complications that could delay or even prevent the distribution of the project.
This step, which is often underestimated, requires time and specialized professionals. For the producers and investors of the work, it can be perceived as an additional burden in the face of other creative or technical priorities of the project.
Therefore, it is not unusual for some to choose to postpone or ignore it, trusting that any issues will be resolved later.
Regulatory framework for audiovisual projects
Law No. 65-00 on Copyright and Law No. 20-00 on Industrial Property constitute the legal framework applicable to audiovisual works. Both laws protect the elements that make up such works and also support the clearance process.
Law No. 65-00 defines audiovisual works as “any creation expressed through a series of associated images that give the impression of movement, with or without incorporated sound, intended to be shown by means of projection or communication.”
These works include cinematographic and other similar works. They are composed of multiple elements that must be legally reviewed before commercialization.
Whether it is an advertisement, a corporate video, or a major film production, all audiovisual works require intellectual property clearance.
Legal risks of omitting clearance in audiovisual productions
Inadequate management of intellectual property rights can compromise the viability of an audiovisual project.
Investing time and financial resources in a production without ensuring legal protection as a strategic factor can lead to delays or even prevent the distribution of the work.
All essential elements script, images of actors, music, logos, brands, and images are subject to rights that require prior authorization from the competent entities.
Ignoring this process can lead to significant legal and reputational consequences, such as lawsuits, financial penalties, or lost business opportunities.
Incorrect management of intellectual property carries risks such as:
–Distribution restrictions: platforms and channels avoid projects with a history of infringement.
–Loss of project value: negative perception affects future investments.
–Difficulty in attracting talent: professionals avoid participating in productions with a negative reputation.
–Lawsuits, penalties, and legal blocks: prevent the commercialization of content.
Therefore, it is essential to contact expert legal counsel from the outset to ensure regulatory compliance at every stage of production.
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