Marketing Writer Special Offer for Front Row Friends and Associates

As part of our efforts to continuously and effectively provide current and future clients with the information they need to best protect their interests, Front Frow Insurance engages the services of some of the best promotional, advertising and marketing pros in the business.  In fact, we recently established a relationship with independent marketing communications writer Joel Samberg.

Joel has more than 25 years of experience in all types of promotional writing and business journalism (in addition to songwriting and playwrighting).  His services include press releases, press kits, newsletters, marketing copy, proposal letters, resumes, ghostwritten articles, advertorials, white papers and a lot more.  Joel has written promotional copy, including many successful press releases, for musicians Gary Alt, Jason Arvanites, Tim Harwill and Benny Bell, Cafe Theatre, the Love Creek Theatre Company, filmmakers Robertson Tirado ("Horatio's Odyssey"), Zack Walker ("Pete & Keat"), and many more.

Joel just let us in on a terrific deal: he told us that he'd be happy to provide a special discount to any independent musican, filmmaker, photographer, painter, theatre group or any creative organization or individual who mentions that they heard about his services through Front Row.  Why spend thousands at big public relations and marketing communications firms when a skilled soloist like Joel can do it for a quarter of normal pricing--or even less!  We highly recommend that you contact him at joelthewriter@comcast.net and check out his website at www.PressReleasesByJoel.webs.com.  

Don'tforget to meniton that you heard about it here--and you'll get a discount on top of his already-discounted pricing!

Film Production Insurance: How the Premium is Determined

Usually the cost of film production  insurance is determined by charging a pre-determined rate against the net insurable budget of the production.  The net insurable budget is calculated by removing those items out of the gross budget that the client does not want to insure (i.e. Unit Publicity, Insurance, and General Expense).  The rate will vary from production to production and depend on things such as:

 

• Type of production (i.e. Feature vs. TV series)
• Inclusion of any stunts or special effects
• Any work in or around water
• Aerial work
• Locations outside Canada/US

 

Most of these things will cause the rate to be increase.  The rate that the Insurance Company determines and the net insurable budget determine the final premium.  The number of episodes and length of production rarely have an impact on price.   The only time this would have an impact is if it was a very short shoot and we could offer a short term policy. This type of policy would offer very limited coverages and would usually only offer coverage for 7 days or less.

 

In addition to the rate and net insurable, the Insurance Companies have a minimum premium that they have to charge for a policy to ensure they can cover all of the administration costs of issuing and servicing the policies.  Their minimum premium threshold might cause two difference projects which have different budgets, to still have the same premium.  This is usually the case in lower budget projects.  The Insurance Company is stuck charging a minimum premium as they have to endure the same administrate costs no matter what the budget of the production.  

Film Production Crew: Always Ask if you are Covered by Workers Comp

Crew members on film productions, short films, commercials, documentaries and music videos should always be covered by work comp insurance - the risk of going without is too great.

If you are a crew member working on a low or micro budget film production, you should always ask the producer if they have workers compensation coverage for the crew and general liability coverage for the production in general.

I will deal with workers compensation coverage for part one of this two part post.

Workers comp. will provides benifits to workers injured on the job such as: medical costs, rehab costs and loss of future earnings all per the policy wording. In most states and provinces the film maker is obligated to provide coverage for any cast or crew that they hire. In some cases coverage is arranged through a private entertainment insurance broker and in some cases it is arranged directly through the state or provincial agency responsible for providing work comp.

The benifit to the producer is that once the injured crew member accepts the work comp benifits, they usually waive the right to sue the producer. This is good insurance for the producer.

Sometimes that insurance company or government work comp agency will not provide coverage if the crew and cast are not being paid as there is no way to determine loss of future earnings. For this reason the producer should arrange to make nominal payments to cast and crew.

If you are a crew member that gets hurt on the job and there are no work comp benifits available to you, then you are faced with the prospect of suing the producer while recovering from your injuries - difficult and unpleasent.

Always ask the producer if you will be covered by workers comp even when volunteering on a short shoot in any capacity.

Film E&O Clearances Procedures for Film Producers - Part 3 of 3

Proper E&O clearances for your film will result in the best possible coverage and cost for your producers E&O policy - otherwise known as multimedia E&O.

1. If the Production involves actual events, it should be ascertained that the author’s sources   are independent and primary (contemporaneous newspaper reports, court transcripts, interviews with witnesses, etc.) and not secondary (another author’s copyrighted work, autobiographies, copyrighted magazine articles, etc.).
2. Shooting script and rough cuts should be checked, if possible, to assure compliance with all of the above. During photography, persons might be photographed on location dialogue added or other matter included which was not originally contemplated.
3. If the intent is to use the Production on Videotapes, Videocassettes, Videodiscs or other technology, rights to manufacture, distribute and release the Production must be obtained, including the above rights, from all writers, directors, actors, musicians, composers and others, connected to the work, including proprietors of underlying materials.
4. Film Clips should not be used unless licenses and authorizations for the second use are obtained from the owner of the clip or party authorized to license the same, as well as licenses from all persons rendering services in or supplying material contained in the film clip; e.g., underlying literary rights, performances of actors or musicians. Special attention should be paid to music rights as publishers are taking the position that new synchronization and performance licenses are required.
5. In addition, dead persons (through their personal representatives or heirs) have a “right of publicity”, especially where there is considerable fictionalization. Clearances must be obtained where necessary. Where the work is fictional in whole or in part, the names of all characters must be fictional. If for some special reason particular names need not be fictional, full details must be provided to the Company in an attachment to the Application.
6. Consideration should be given to the likelihood of any claim or litigation. Is there a potential claimant portrayed in the Production who has sued before or is likely to sue again? Is the subject matter of the Production such as to require difficult and extensive discovery in the event of necessity to defend? Are sources reliable? The above factors should be considered in your clearance procedures and recommendations.

Please contact us if you have any further questions. Applications are available on our website.

Film E&O Clearances Procedures for Film Producers - Part 2 of 3

Proper film e&o clearance procedures will allow your film insurance broker to obtain the best premium in the quickest possible time. What follows is part 2.

1. Whether Production is fictional or factual, it should be made certain that no names, faces or likenesses of any recognizable living persons are used unless written releases have been obtained. Release is unnecessary if person is part of a crowd scene or shown in a fleeting background. Telephone books or other sources should be checked when necessary. Releases can only be dispensed with if the Applicant provides the company with specific reasons, in writing, as to why such releases are unnecessary and such reasons are accepted by the Company. The term “living persons” includes thinly disguised versions of living persons or living persons who are readily identifiable because of other characters or because of the factual, historical or geographic setting.
2. All releases must give the applicant the right to edit, modify, add to and/or delete material, juxtapose any part of the film with any other film, change the sequence of events or of any questions posed and/or answers, fictionalize persons or events including the release and to make any other changes in the film that the applicant deems appropriate. If the person is a minor, consent has to be legally binding.
3. If music is used, the applicant must obtain all necessary synchronization and performance licenses from composers or copyright proprietors. Licenses must also be obtained on prerecorded music.
4. Written agreements must exist between the applicant and creators, authors, writers, performers and any other persons providing material (including quotations from copyrighted works) or on-screen services.
5. Whether the production is factual or fictional, if distinctive locations, buildings, businesses, personal property or products are filmed, written releases must be secured.          

This is not necessary if non-distinctive background use is made of real property.

6. If the Production involves actual events, it should be ascertained that the author’s sources   are independent and primary (contemporaneous newspaper reports, court transcripts, interviews with witnesses, etc.) and not secondary (another author’s copyrighted work, autobiographies, copyrighted magazine articles, etc.).

If you have any questions, please speak to your entertainment insurance broker.

Film E&O Clearances Procedures for Film Producers - Part 1 of 3

Good Film E&O clearance procedures will result in the lowest possible premium and the simplest claims settlement in the event of a loss.

Errors and Ommission insurance covers: invasion of privacy, infringement of copyright, libel, slander, defamation, plagiarism.

The Clearance Procedures below should not be construed as exhaustive and they do not cover all situations which may arise in any particular circumstance or any particular production.

1. Applicant and its counsel should continually monitor the production at all stages, from inception through final cut, with a view to eliminating material which could give rise to a claim.
2. The script should be read prior to commencement of production to eliminate matter which is defamatory, invades privacy or is otherwise potentially actionable.
3. Unless the work is an unpublished original not based on any other work, a copyright report must be obtained. Both domestic and foreign copyrights and renewal rights should be checked. If a completed film is being acquired, a similar review should be made of copyright and renewals on any copyrighted underlying property.
4. If the script is an unpublished original, the origins of the work should be ascertained - basic idea, sequence of events and characters. It should be ascertained if submissions of any similar properties have been received by the applicant and, if so, the circumstances as to why the submitting party may not claim theft or infringement should be described in detail.
5. Prior to final title selection, a Title Report must be obtained.

Part 2 to follow soon!

Reducing Film Production Premiums while on location

Underwriters charge for discomfort: too little information makes an underwriter unsure of the risk.

Endeavour to provide enough information to your Entertainment Broker so that they can present the risk of insuring your gear clearly.

Good answers to the following questions will result in the lowest possible premium:

• Address where the gear is housed and the construction of the building.
• Does the building or storage space have an alarm? Is it monitored?
• Are dead-bolts on the doors?
• Are there bars on the windows?
• Is there a security guard?

Include a resume of the owner - Experience pays.

Reducing The Cost to Insure Film Equipment

It would seem to be obvious that one of the simplest ways to lower your film equipment insurance costs is to assure the insurance company that the film gear is safe and secure in your possession: but what does this mean?  

As Specialized Film Insurance Brokers we represent you to the insurance company to ensure that you receive the best premium and coverage available in the marketplace to insure your gear whether you are an owner/operator supplying gear or a producer renting gear for a: feature, TV Series, Documentary or short.

Every film production application will ask how the gear used on the production will be protected. The underwriters charge for discomfort so give them good detailed answers that make them comfortable. Good information includes:

1.) Warranting that you will have a bonded security guard watch the gear overnight if you are shooting on location.

2.) If you do not hire a security guard, pack your gear back into the truck(s) and park it in a secure compound overnight such as a tow truck yard. They often have excellent security: fenced and floodlit, manned 24/7 and dogs!

3.) Return your gear to the equipment rental house so you are not responsible overnight.

4.) Cable your gear that is not being used when shooting on the streets in a busy urban area.

5.) Have a sign out protocol that allows you to know when gear does not return to the truck. You don't want to find out the day that you return gear to the equipment rental house that you are missing equipment with no idea when it disappeared. Mysterious disapperance is not covered - you need to have an idea of the date and time when the equipment was stolen.

Good information based on a liitle planning will ensure that you receive the best premium.

Script Clearance Reports: What are They and Why are They Important

Script clearance reports provide important information for  producers of films, documentaries and TV Series

Script clearance research involves reading and breaking down a script and identifying all items that represent possible legal conflicts, if used as is.  These items include character names, business names, locations (signage), logos, slogans and quotes, product names, schools, organizations, images and designs, music, defamatory references, and racial slurs, and the use of protected material in the form of copyrights or trademarks.  Additionally, the report includes information on photographs, artwork, books, music, film clips, dialogue, props, identifiable personalities and much more.

The report will be reviewed by your production lawyer who will determine if particular details may pose legal problems.  The report is also distributed to the director, producers, and any other production personnel who will be creating set dressing, props, signage, wardrobe or other elements from the script.

When should we start on our clearances?

If you intend to release your production to be viewed by an audience, you should have a script clearance report researched at the pre-production stage, prior to shooting the script.  Unless you already have a distribution deal in place, you'll need to find a distributor to release your production.  As the distributor isn't generally part of your creative process, they'll want a guarantee that it doesn't contain any materials which could cause an infringement, defamation of character, or other legal problems that would result in them being sued. 

Clearing the content of a script before beginning to shoot is highly recommended, since some elements can't be changed once the production is finished.  Failing to complete the necessary clearances could result in having to redo elements (expensive editing costs) or if that's not possible, the inability to screen or distribute the production at all.

Once you have a locked script, the first thing you should do is start your clearances.  The main reasons for that are:

1. You want to know if your main character names are clear and if not, you may need to work on some alternates;
2. The longer you wait, the greater the cost in having a report prepared (there are various turnaround times and rates for reports depending on how quickly you need it);
3. Getting permission to use real brand names and products in your production can often take several weeks;
4. A full script report can assist you in meeting the needs of your errors & omissions insurance requirements.

Who are these clearance people?  Can anyone do a script clearance report?

Script research and script clearance workers must be very detail oriented and organized.  There are often many details and facts that need to be checked which means using a wide variety of specialized databases and resources, making phone calls and creative problem solving to obtain information.  Understanding legal issues, copyrights, trademarks and clearance issues are a must and in a specialized field, there are very few people who can accurately advise on this topic.

Guest post by Krista

Krista Johnston is the owner of The Research House Clearance Services Inc., a Canadian company that provides script clearance reports, title clearance reports, footage and stills consulting and permissions placements and has clients in Canada, the USA, Australia, France, Germany, the U.K. and South Africa.  For more information on clearances check out http://www.researchhouse.ca/.

Film Production Insurance Premiums: One Way to Save Money

One of the simplest ways to reduce film production insurance premiums is to lower the net insurable budget. The net insurable budget is the amount left once various budget line items are removed from the definition of insurable costs. The rate that is negotiated with the insurance company is applied against the net budget. A typical rate might be .70 cents per thousand dollars of net budget depending on the current insurance market conditions

To illustrate, let us assume a cable TV movie needs to be insured with a budget of $2,000,000. Typically, we would remove the following lines items as costs that do not need to be insured: 

1.) Story and scenerio - we will assume this amount is $50,000 (I know writers are never paid enough).

2.) Post Production costs - we will assume this amount is $200,000

Claims that happen during post production are covered; however, due to the low risk of claims in post, the insurance company does not apply rate to post costs which is why it has been removed.

$2,000,000 less script and post costs leaves a net insurable budget of $1,750,000. $1,750,000 times the negotiated rate of .70 reults in a premium of $12,250. If the net were less than $1,750,000 the premium would go down.

Other budget costs to consider removing from our sample budget might be:

Producer fees ($50,000)

Development ($20,000)

Publicity ($5,000)

Overhead ($35,000)

50% of contingency ($25,000)

Removing the above items would lower the net insurable budget by $135,000 to $1,615,000 and would result in a premium savings of $945.

Once the budgeted cost is removed from the net insurable budget it is no longer insured in the event of a claim so producers need to be sure before removing from the insured budget.

As specialized film insurance brokers, we can help guide you to an appropriate net insurable budget for your film production.