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

From an E&O perspective, 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.

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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

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