Chain of title
Chain of title in the
motion picture industry is the series of documentation which establishes proprietary rights in a
film, it is also used in referring to digital works and compliations were there are many authors or materials culled from many sources. Regarding intellectual property the establishment of chain of title falls within the realm of
entertainment law practitioners. Chain of title is extremely important to film purchasers and to film distributors, as it establishes the veracity of the owner's proprietary rights (or rights under
license) in the
intellectual property in a film, book or encyclopedia.
Chain of title may also refer to the historical transfers of title to any property. In the case of real property it has given rise to the development of various registration systems such as the Torens registration system as it is not necessary to be in possession of the prior titles to the property, but to merely visit the repository of such title documents in the registry office or civil law notary office where they may be maintained. Title insurance is a type of insurance that is issued based upon the chain of title to real property when it is transferred between buyer and seller.
Chain of title in copyrighted properties
Chain of title documentation can include:
- copyright clearances on music from the regional collecting society, and to a less common extent, footage of other films;
- trademark clearances;
- talent agreements, which should incorporate a legal release from the talent, be they actors (including crowds), directorss, cinematographers, choreographers, or others, to use their images, likeness and other personality rights in the film;
- proof of errors and omission insurance (a special form of insurance for motion picture producers which covers omissions in obtaining adequate chain of title).
Specialist organisations engage in the production of copyright property reports for motion picture studios, which cover original or unexploited works, and include the results of US Copyright Office screening searches, author claimant searches, registration renewal searches and assignment searches. This involves reviewing US Copyright Office records from 1870 to present and numerous trade publications and databases, and Library of Congress records.
External link