The Front Row View (entertainment insurance blog)

What about when film producers are unable to obtain music rights?

Written by Byron Pascoe | Jun 22, 2023 5:22:00 PM

What about when you have bargained for music rights but were unable to obtain them?


Byron Pascoe
: Producer’s errors and omissions (E&O) insurance applications have a lot of questions and they are important questions to consider. Oftentimes, I suggest to producers that before they start filming or planning anything, that they read an E&O application to see what it says about what they will eventually need to get insurance.

One of the music questions [on an E&O application] relates to whether you have tried to get permission but were unsuccessful. It’s important to be truthful with respect to every question on the application, including a situation in which you’ve tried to get consent for a song but you haven’t been able to. So, if I’m reading an application before it gets sent to an insurance broker, and if you’ve answered, “yes, you’ve tried to get a song cleared but were unable to,” I would say, “hold up a second, what’s the situation here? Are we trying to get consent still? Did someone say no but you’re using it anyway?” Based on the circumstances, we probably want to deal with this before we’re talking to the insurer about it.

If you haven’t got consent and you’re not going to get it, perhaps you’re not going to use that song. Let’s just remove that point from our application because if you’re not going to use the song anymore, it’s no longer relevant. If you’re still trying to get permission and they’re pushing back, you’re negotiating but you need your insurance ASAP, then it’s, “OK, let’s put that in there. You’re having trouble getting consent but let’s explain the situation, namely, you’re not going to put the song in the movie if you don’t get consent.”

So, it’s an interesting question in the application and it’s important to be truthful with your lawyer and insurance broker about such things. Generally speaking, if you’re not able to get consent, you’re not going to use the song in the production, but it’s important for everyone to be aware of where you’re at in the process when you’re applying to get E&O insurance.

Byron Pascoe is an entertainment lawyer and partner at Edwards Creative Law

 

Are you a producer in Canada or the US? Get a quote for producer’s E&O insurance here.

 

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About: Edwards Creative Law - Canada's Entertainment Law Boutique™

We’re entertainment lawyers who understand the business of creative industries. We guide creators and business professionals as they navigate the legal complexities of working with others—purchasing, financing, creating, licencing, and protecting creative properties, buying and selling creative services.

We act for clients from across Canada and around the world – working in Canada with Canadians. We advise on and structure their commercial transactions, their employment and independent contractor relationships. We incorporate and administer their corporations. And, if necessary, we resolve their disputes. 

About: Front Row Insurance Brokers Inc. is an independent insurance broker that specializes in the entertainment industry – specifically, the film industry. Front Row works hard to provide insurance protection for a very low cost. Should a claim occur, Front Row works diligently with clients and insurers to expedite the payment.

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