Remy Khouzam

Recent Posts

How does an E&O clearance process protect against plagiarism claims?

Posted by Remy Khouzam on Feb 3, 2020 8:25:33 AM

How does an E&O clearance process protect against plagiarism claims?

E&O insurance film | errors and omissions insurance film:


Remy Khouzam (Lawyer)
: When discussing a project, a lawyer and his client (the producer) will have to look at various things regarding the nature of the project itself; for example:

  • Is it an original project?
  • Is it a project adapted from previous work?
  • Who collaborated on these projects?

The idea is: you can work on these things based on warranties and representations that are in the contract(s) of your various project contributors that will basically represent that their contribution is original and wasn’t taken from a third-party source. So, there’s no consent necessary and they own all the rights to grant them to the producer. So, that’s basically the work that is done and the sort of guarantees you need in order to obtain E&O coverage.

Related:

About: Lussier & Khouzam is a Canadian law firm specialized in Arts and Entertainment law. Visit their website at https://lussierkhouzam.com/.

Topics: E&O Insurance

Why Does a Film Producer Need E&O Insurance?

Posted by Remy Khouzam on Jan 3, 2020 6:35:17 AM

Why does a film producer need Errors & Omissions (E&O) insurance?

Why is E&O necessary from a legal perspective?

E&O insurance film | errors and omissions insurance film:


Remy Khouzam (Lawyer)
: The reality of the North American market, at the very least, is that E&O insurance is required and producers must obtain it because broadcasters, distributors, public sector financiers, etc. will require it.

So, why is it a good idea for a producer to get E&O insurance apart from the fact that they have to? It protects them in case of a claim under trademark infringement, copyright infringement, invasion of privacy, defamation issues and these claims can be very expensive and costs can rise quickly. Having the E&O insurance in place will allow you to cover those costs.

Related:

About: Lussier & Khouzam is a Canadian law firm specialized in Arts and Entertainment law. Visit their website at https://lussierkhouzam.com/.

Topics: E&O Insurance, Script Clearance reports, defamation insurance, Trademark

E&O: Are There Different Things Needed for a Documentary vs. a Drama?

Posted by Remy Khouzam on Dec 16, 2019 11:43:55 AM

E&O: Are There Different Things Needed for a Documentary vs. a Drama?


Remy Khouzam (Lawyer)
: From an errors and omissions (E&O) perspective, you have to look at the project based on what challenges it presents. So, a documentary will have different legal concerns than a drama.

E&O Insurance and Documentaries

For documentary, we’ll mostly be looking at privacy issues, potential defamation issues and – more and more now – just because budgets are being cut and the price of archives is going up – filmmakers are using the copyright exception of fair use (fair dealing under Canadian law) to use clips, lawfully, without having to clear them with rights holders. So, obviously, this brings some challenges from a legal perspective that are not exclusive to documentary but clearly appear more in documentary settings than they do in fiction.

E&O Insurance and Fiction Films

For fiction, most of it will be based on copyright issues, trademark and consideration as to what the characters are saying because you could cross that line into defamation. Those would be the major differences – you cover all legal bases but the emphasis is put on different areas, depending on the nature of the project.

Related:

About: Lussier & Khouzam is a Canadian law firm specialized in Arts and Entertainment law. Visit their website at https://lussierkhouzam.com/.

Topics: E&O Insurance, Documentary Insurance, Script Clearance reports, defamation insurance, Trademark, Fair Use Doctrine