Rights & Clearances Checks During Film Festival Selection

Selecting films for a festival isn’t just about finding great content – it’s also about ensuring that content is safe to screen legally. Film festival producers around the world have learned that a brilliant film can turn into a nightmare if its rights and clearances aren’t in order. From music and archival footage to the likeness of real people appearing on-screen, every element needs the proper permissions. Early diligence in rights clearance protects your festival’s schedule, reputation, and legal standing. This guide offers actionable advice, drawn from real festival experiences, on how to manage rights and clearances during the film selection process.

Verify All Rights Before Finalizing Selection

Before you lock in the festival lineup, verify that each selected film has cleared all necessary rights. Don’t wait until the last minute – as soon as a film becomes a finalist or is shortlisted for your program, request evidence of rights clearance from the filmmakers or rights holders. Key areas to check include:

• Music Rights: Ensure the film’s soundtrack is licensed. Filmmakers should have synchronization licenses for any non-original music, and performance rights for commercial songs. For example, if a short film uses a famous pop song, ask for proof that they obtained the rights. At one Sundance festival, a filmmaker who skipped this step faced legal action for using a hit song without permission – nearly derailing the screening and incurring heavy fees.
• Footage and Image Rights: If the film includes archival footage, news clips, photographs, or artwork, confirm these are cleared or fall under fair use (where applicable). A Cannes short film once had to be pulled from the lineup because an artist objected that their artwork was used on screen without consent – a clear lesson that even background visuals need permission.
• Likeness/Personal Releases: For documentaries or any film featuring real people (besides professional actors), check that participants signed release forms. A festival should be confident that every face on screen is there with permission. If a documentary subject or interviewee hasn’t formally agreed to be in the film, they could later challenge the screening. It’s far better to catch that early than to face a last-minute withdrawal because someone’s likeness was used improperly.
• Story and Script Rights: If the film is based on existing material – like a book, a true story, or a foreign film – confirm that adaptation rights were secured. While this is often a distributor’s concern for later commercial release, a festival screening can still be challenged if an author’s estate or original creator claims infringement.

By asking for proof of these clearances in writing from filmmakers, you not only protect your festival but also send a message that your event takes intellectual property seriously. Smaller festivals might feel awkward demanding documents from indie creators, but it’s a professional necessity. Many filmmakers (especially first-timers) may not fully understand clearance requirements – your prompt can even save them from future legal troubles. In one case, a regional festival’s query about music rights led a short-film director to realize they needed a license, and they were able to replace the track before the festival, avoiding what could have been a public legal issue. Early verification gives everyone time to fix problems: a win-win for the festival and the artist.

Flag High-Risk Films and Consult Legal Experts

Not all films carry equal legal risk. Festival organizers should flag any entry that might attract legal challenges. These could be films with controversial subjects, heavy use of third-party content, or anything that has already raised eyebrows in the industry. Be proactive: if a particular film in your lineup seems like it could spark a lawsuit or injunction, seek legal counsel well before you announce or screen it.

Common red flags that a film might encounter legal challenges include:

• Defamation or Libel Concerns: Documentaries or dramas that make serious accusations against a person, company, or institution. If a film alleges wrongdoing by a real individual or corporation (especially if that party was not interviewed or didn’t consent), there’s a risk of defamation claims. For example, a hard-hitting exposé on corporate malpractice might prompt the company to threaten legal action to stop the screening.
• Unauthorized Biographies or Sensitive Topics: Films that tell the story of a living person without authorization, or that delve into politically or culturally sensitive subject matter. If the subject is known to be litigious or the topic is politically charged (religion, government criticism, etc.), assume someone might attempt to block it. Festivals in countries like India, Singapore, or China, for instance, must be mindful of local censorship laws and the potential for authorities or courts to halt a controversial film.
• Extensive Third-Party Content Under “Fair Use”: Some documentaries include footage from TV shows, movies, or music videos under a fair use claim. Fair use (or fair dealing in some countries) is not a guaranteed shield; interpretations vary by jurisdiction. If a film relies on unlicensed clips or songs and justifies it as fair use, have a lawyer review that claim. An aggressive rights-holder might still pursue an injunction if they disagree with the filmmaker’s fair use assessment.
• Trademark or Artwork Usage: Films that prominently feature logos, brands, or artwork might get complaints if those weren’t cleared. A character walking past a wall of famous paintings or a plot centered around a trademarked toy, for example, can raise intellectual property questions. While festivals aren’t typically the target of trademark suits, being aware of obvious issues (like an unlicensed Mickey Mouse cameo in an indie film) is wise to avoid surprises.

When you identify a potentially problematic film, don’t shy away from getting expert advice. Large festivals often have an entertainment attorney on standby; smaller festivals can consult local volunteer lawyers or organizations that help arts nonprofits. Legal counsel can assess the risk and recommend steps – whether it’s obtaining an indemnification letter from the filmmaker, requesting additional documentation, or in rare cases, deciding not to show the film until issues are resolved. Remember that even world-renowned festivals have faced last-minute legal challenges: Cannes, for example, had to contend with an injunction attempt over a film’s production dispute, and other top festivals have received cease-and-desist letters hours before showtime. Your festival team should be prepared with knowledge of how to respond if someone threatens legal action.

Being proactive also means communicating with the filmmaker about your concerns. Often the filmmaker can clarify how they addressed a sensitive issue – they might have evidence that a claim in the film is true (e.g., documents supporting their documentary’s allegations) or that they did secure a release from the person involved. If they haven’t thought about it, your warning might prompt them to do so. It’s better to have these frank discussions early than to deal with lawyers later. In short: identify the potential legal storm clouds while there’s still time to alter course.

Secure Written Confirmation of Screening Rights

A critical but sometimes overlooked step is to get written confirmation that each film in your lineup can be screened at your festival. This goes beyond the filmmaker verbally assuring you – it means having a document or email that clearly grants permission and confirms all necessary rights are in place for your specific event.

Key confirmations to obtain in writing include:

• Festival Screening Agreement: Have filmmakers (or the rights holder of the film) sign a screening agreement or letter of agreement. This document should state that they have secured all rights required to screen the film publicly and that they grant your festival the right to screen it on the specified date(s). It typically also includes an indemnification clause, meaning the filmmakers take responsibility if any legal issues arise from the content. This isn’t just paperwork – it’s your safety net. Should a dispute come up, you can point to the signed assurances that the festival was authorized and told everything was cleared.
• Distributor or Sales Agent Permission: If a film has been picked up by a distributor, TV network, or streaming platform by the time of your festival, check if that affects your screening rights. Distributors sometimes impose restrictions on further festival play once they acquire a film. Don’t assume the director’s submission means automatic approval – get a written okay from the distributor or sales agent that the film can screen at your event. For instance, if an Australian indie film got bought by Netflix worldwide and then you want to show it in New Zealand, confirm with Netflix (or the rights agent) that the festival screening can proceed.
• Territorial and Format Rights: Ensure the rights the filmmaker secured actually cover your festival’s location and format. A movie might have music licensed only for US theatrical use – if you’re hosting your festival in Singapore or Spain, that could be a problem. Likewise, if you plan to include an online component (like a virtual screening for festival pass holders), make sure the film’s team has the rights for internet or streaming presentation. All these specifics should be clarified in writing.
• Censorship and Regulatory Clearance: In some countries, festival organizers must obtain a censorship certificate or exemption for each film. While this is often the festival’s responsibility with government boards, you still need the filmmakers’ cooperation. Make sure they provide any information or cuts needed to secure local approval. Have them confirm that nothing has changed that would invalidate a prior approval. If a film is banned or legally restricted in your region, a letter from the filmmaker won’t save you – you need explicit clearance from authorities, or you cannot play it. Communicate this with the film team early and get their written acknowledgment if any such process is required.

Written confirmation serves another purpose: it tends to flush out issues before they become crises. If a filmmaker hesitates to sign an agreement affirming they have all the rights, that’s a red flag that something might be amiss. It’s better to discover this in the contract phase, when you could still swap in an alternate film or work with them to fix the issue, than on the festival eve. For example, a film team might admit at this stage that they are “still negotiating” a song license or haven’t gotten a particular release form yet – you can then decide how to handle it (delay the screening, require proof of resolution, or replace the film if needed).

Also, having everything in writing ensures clarity. Festivals operate on tight schedules and busy communications; a clear written record of rights helps avoid misunderstandings. Every year, festivals worldwide have a story of a film that was announced and then had to be yanked because “the rights weren’t actually cleared” – often due to a late discovery that the filmmaker’s assurances were too optimistic. By insisting on documentation, you greatly reduce the chance of a sudden withdrawal that leaves a hole in your program.

Protect Your Schedule from Last-Minute Pulls

After months of planning, the last thing any festival producer wants is to cut a film from the schedule at the eleventh hour. A last-minute pull (when a film is removed days or hours before its screening) is disruptive, embarrassing, and potentially costly. While the earlier steps – checking rights early, flagging issues, and getting permissions in writing – are all designed to prevent this scenario, it’s wise to have safeguards in place for your schedule as well.

Here are strategies to protect your festival schedule from unexpected film withdrawals:

• Have a Backup Plan for Key Slots: If one of your headline films or a high-profile premiere has any lingering uncertainty, prepare a backup screening for that slot. This could be an alternate film that was on your shortlist, or an offer to re-show a buzzed-about film from earlier in the festival, or even a package of acclaimed shorts that can fill the time. For example, when a major festival in the U.S. had to cancel a much-anticipated music documentary at the last moment due to an injunction, they quickly substituted another documentary (“Sherpa”) in the slot so that audiences still had a screening to attend. Contingency programming ensures the show goes on even if the specific title changes.
• Avoid Over-Promoting Risky Titles Too Early: It’s tempting to market every big title as soon as you have it, but if one film has unresolved clearance issues or any chance of being pulled, try to temper the promotion until you’re confident. Announce it later than others if possible, or with a note “program subject to change.” This gives you flexibility. It’s far easier to add a film to marketing materials a bit late than to explain a high-profile cancellation to angry ticket holders.
• Stay in Close Communication with Filmmakers: In the run-up to the festival, keep checking in with the film teams, especially for any selections that had outstanding issues. Make it clear that they should inform you immediately if anything arises – be it a rights dispute, a distribution deal that conflicts with your dates, or even a personal request from a subject in the film to hold off on screening. If you maintain a good rapport, filmmakers are more likely to give you advance warning of trouble, which can turn a last-minute crisis into a manageable schedule change made with a week or two to spare.
• Legal and Insurance Preparedness: Despite all precautions, if a challenge does pop up last-minute (e.g., you get a cease-and-desist letter a day before a screening), know your next steps. This is where having legal counsel identified is crucial – you can quickly consult them on whether to proceed or pull the film. Many festivals also carry event cancellation insurance or Errors & Omissions (E&O) insurance for exactly these scenarios. E&O insurance in particular covers legal claims related to content; if a film slips through with a rights issue that leads to a lawsuit, your festival’s E&O policy (or the filmmaker’s) can mitigate the financial blow. It’s worth discussing these safety nets with your insurance provider and making sure your festival overall is covered. In some cases, you might even require that feature-length films carry their own E&O insurance as a condition of screening – which is another layer of protection against last-minute legal problems.

The goal is to minimize chaos if a film must be withdrawn. Even the best vetting cannot guarantee a film won’t fall through – perhaps a rights holder changes their mind unexpectedly, or an outside event intervenes. What you want is that, if it happens, the rest of your festival doesn’t unravel. Having backup content ready, a communication plan for audience and press, and possibly an apologetic statement drafted in advance for such scenarios can turn a potential disaster into a speed bump.

As a cautionary tale, consider the case of Amazing Grace, the Aretha Franklin concert documentary. In 2015, an important festival scheduled it as a highlight, but just hours before the premiere the legendary singer obtained a court injunction stopping the screening. The festival had to scramble to replace the film and manage audience expectations at the last minute. This high-profile incident illustrates that no event is immune to last-second issues – and why diligent clearance checks and contingency plans are indispensable. By having all your rights confirmations in place and backup options on standby, you greatly reduce the risk of a public fiasco. Your audience may never realize the close calls you averted behind the scenes, and that’s exactly the outcome you want.

Key Takeaways

• Start clearance checks early: Don’t wait until a film is in your program guide to verify its rights. As films reach finalist consideration, request proof of music, footage, image, and likeness rights. Early action gives time to resolve any issues.
• Identify legal red flags: Be alert to films that might spark lawsuits or censorship – controversial topics, heavy use of unlicensed material, or stories about real people who might object. Get expert advice on these high-risk entries before confirming them.
• Get it in writing: Always obtain written confirmation that each selected film has festival screening rights cleared and that the filmmakers (or rights owners) permit your festival screening. A signed screening agreement with indemnification can protect you if disputes arise.
• Plan for the worst-case scenario: Even with precautions, a film might withdraw or be forced out last-minute. Protect your schedule by having backup plans for key slots, staying flexible in marketing, and communicating closely with filmmakers. Know how you’ll handle a last-minute pull so the festival can keep running smoothly.
• Protect your festival’s reputation and audience trust: By rigorously managing rights and clearances, you prevent crises that could disappoint audiences and harm your festival’s name. The behind-the-scenes effort in vetting films pays off with a trouble-free program that lets the focus stay on the films themselves – exactly where it should be.