1. Rights Clearance and Chain of Title

Ensuring clear ownership and rights is fundamental:

• Verify the seller’s right to license or sell the content
• Examine the chain of title documentation
• Check for any encumbrances or liens on the content
• Be aware of underlying rights (e.g., book adaptations, life rights)
• Consider commissioning a professional rights audit for high-value acquisitions

Failure to properly clear rights can lead to costly legal battles and content removal.

2. Understanding Licensing Terms and Territories

Carefully review and negotiate licensing terms:

• Clearly define the scope of rights being acquired
• Specify allowed platforms and distribution methods
• Understand territorial restrictions and global rights
• Consider future technologies and distribution channels
• Negotiate holdbacks and windowing strategies

Our guide on strategies for content acquisition deals offers insights into negotiating favorable licensing terms.

3. Exclusivity Clauses and Their Implications

Navigate the complexities of exclusivity:

• Understand the scope and duration of exclusivity
• Consider the impact on your content strategy
• Negotiate carve-outs for specific uses or platforms
• Be aware of the costs associated with different levels of exclusivity
• Consider the implications for content windowing and release strategies

Exclusivity can be a powerful tool but must be balanced against cost and flexibility.

4. Copyright Infringement and Fair Use

Protect yourself from copyright infringement claims:

• Understand the limitations of fair use
• Be cautious with user-generated content and social media integrations
• Consider obtaining errors and omissions insurance
• Implement a content review process to catch potential infringements
• Stay informed about evolving copyright laws and precedents

Stay updated on content acquisition trends, including developments in copyright law.

5. Music Rights and Clearances

Navigate the complex world of music rights:

• Distinguish between master recording and composition rights
• Understand synchronization and performance rights
• Be aware of the differences between source music and score
• Consider re-recording or replacing problematic music
• Budget for music licensing costs in your acquisition strategy

Music rights can be particularly tricky and expensive to clear, requiring special attention.

6. Talent Agreements and Residuals

Be mindful of ongoing obligations to talent:

• Review talent agreements for residual payment clauses
• Understand union requirements for different types of content
• Consider the impact of talent agreements on future exploitation
• Be aware of rights of publicity and personality rights
• Negotiate clear terms for promotional use of talent

Ongoing talent obligations can significantly impact the long-term cost of content.

7. Navigating International Copyright Law

Understand the complexities of global content distribution:

• Be aware of differences in copyright duration across countries
• Understand moral rights and how they vary internationally
• Consider the impact of trade agreements on content rights
• Be prepared for content censorship and rating systems in different territories
• Implement geo-blocking when necessary to comply with territorial restrictions

Learn about global TV content acquisition strategies to navigate international legal landscapes.

Key Takeaways:

1. Always ensure clear rights and chain of title for acquired content.
2. Carefully review and negotiate licensing terms and territories.
3. Understand the implications of exclusivity clauses.
4. Be vigilant about copyright infringement and fair use limitations.
5. Pay special attention to music rights and clearances.
6. Consider ongoing obligations in talent agreements and residuals.
7. Navigate the complexities of international copyright law.
8. Utilize tools like Vitrina to manage legal risks in content acquisition.