Byron Pascoe: A music exclusion essentially means that you have a producer’s E&O insurance policy but music is not included yet. So, sometimes you need to have E&O well before you know what music is going to be in your film and before you have consent from the music owners to use the music.
For example: if someone is getting funding from an organization and they require that you have an E&O insurance policy well before production, you can get E&O insurance, but the music is not included yet in the policy. So, later on, once there is music chosen and the entertainment lawyer has reviewed everything, what the lawyer would do is say, months later: “now the music has been chosen, there are agreements in place, I’ve reviewed everything and I’m letting you know [insurance company lawyer] that the music has now been cleared.”
So, I would tell the lawyer for the insurer and the lawyer for the insurer would tell the insurance broker and then the insurer would say, “OK, we are removing the music exclusion. Music is now included [in the E&O policy].”
It’s oftentimes the case when music is excluded – not because there’s an issue with the song – but simply because we haven’t obtained permission yet. So, it’s OK to have a music exclusion early on but you don’t want to have a music exclusion when you’re ready for your production to actually be exploited.
Byron Pascoe is an entertainment lawyer and partner at Edwards Creative Law
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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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