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Footage licence meaning

What does Footage licence mean?
A footage licence is a contract by which the owner or controller of pre-existing audiovisual material grants a producer permission to incorporate specified clips in a film or other screen content. The term is descriptive practice usage rather than defined in legislation or case law, and its meaning is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland within copyright and contract law frameworks. Typical terms address: scope of use (cinema, broadcast, VOD/streaming, online and social media, trailers and publicity), territory, term, number of transmissions, editing and context restrictions, credits, exclusivity, fees (often per‑second or per‑clip), and deliverables. Licensors frequently give warranties and indemnities as to ownership and clearance of the supplied footage; licensees may still need to clear underlying rights (for example, music, performers’ rights, trade marks, artwork, and any privacy/defamation risks) and obtain consents or waivers of moral rights where available. Clauses on approval of use, quality control, revocation for breach, audit, and reporting are common. While limited fair dealing or quotation exceptions may apply, commercial productions generally require a footage licence to avoid infringement. These licences sit against the backdrop of UK and Irish copyright regimes and are governed by the parties’ chosen law and jurisdiction.
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NEWS
Alien Autopsy copyright: High Court of England and Wales grants summary judgment to Mindhouse, rejecting Melaris’ sole authorship claim given 2002/2006 assignments to Orbital; licence relied upon; appeal sought

The High Court found that there was no reasonable prospect of Spyros Melaris proving at trial that he had single-handedly made the pseudo-documentary, which has now been thoroughly debunked, or that he was entitled to a copyright claim for its exploitation. Judge Richard Hacon entered summary judgment for Mindhouse Productions Ltd, holding that Melaris’s assertions of title and authorship were negated by contracts in which he assigned his rights. He remarked to Melaris, “I’m sorry the documents were against you.” The judge said it was impossible to square the director’s account with 2002 and 2006 agreements recognising that Orbital Media Ltd owned the film’s copyright. Melaris’s October claim alleged that Mindhouse misrepresented the provenance of Alien Autopsy. The company—set up by filmmakers Louis Theroux, Arron Fellows and Nancy Strang—was said to have downplayed Melaris’s ownership while advancing producer Ray Santilli’s false tale that the film was a restoration of genuine 1940s footage...

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View the related Practice Notes about Footage licence

PRACTICE NOTES
Practical guide to negotiating alienation clauses in commercial leases (England and Wales): assignment, underletting, charging, sharing, consent under LTA 1927/1988, AGAs and Lease Code 2020

Negotiation Guide This Negotiation Guide sits within the Practical lease negotiation collection. In practice, see also Practice Note: New starter guide—entering into new commercial leases. An alienation clause regulates the extent to which (if at all) a tenant may dispose of the demised premises or permit a third party to occupy. The usual forms of disposal allowed are assignment, underletting and charging, and such transactions generally require the landlord’s consent. Certain leases also permit the tenant limited categories of other dealings, for example group sharing. The nature of the alienation permitted and the degree of landlord control over dealings will turn on several factors, including the type of premises, the length of the term and the rental structure (eg fixed rent or turnover). This Negotiation Guide reviews the principal elements of an alienation clause (also called a dealings clause), which can be included in a lease of commercial premises...

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