常问问题 – 权利和限制

Why are releases so important?

Releases are important in order to protect yourself and your client against any legal claims and to ensure no copyright violation associated with the image involved.

When are clearances required and why?

Commercial projects normally require clearances from the rights holders of intellectual property, publicity rights of individuals, property, trademarks, etc.

Editorial projects do not require permission from the rights holder.

“Commercial” vs. “Editorial” use:

Commercial use means direct or indirect income-generating purpose by helping sell a product, raise money or to promote a product or service of any kind.
Examples of commercial use are:
feature films, entertainment projects, POS, advertising campaigns and corporate projects for public presentations.

Editorial use includes anything of public interest intended to report, inform, educate or related to newsworthy events where there is no monetary benefit, either personal or commercial by the licensee.
Examples of editorial use are:
documentaries, or news broadcast reporting on a specific event of general interest.

My project is for commercial use: What are my options?

For better assessment of your situation in regards to clearances necessary and how our Rights and Clearance experts can assist you, please contact your local office or send us an email at rightsclearance@framepool.com. Our experts will help you determine whether releases are necessary or available for your project.

Clearance not possible… What are my options?

In this case, there are a few options to consider before giving up!
  • In situations in which obtaining the appropriate release is not possible, we can offer an indemnification which provides our clients with protection against any future claims. The indemnification acts as an insurance in which we assume responsibility for addressing any complaints from third-parties
  • Another option to use the desired clip is to make sure the copyrighted part of the clip is not recognisable or easily identifiable
  • You can also opt to eliminate the individual or property from the clip
  • Finally you can use the clip at your own risk!
For a better assessment of your situation and the risks associated with the use of a particular image, please contact an account executive or send us an email at rightsclearance@framepool.com

What clearance services do we provide?

Our Rights and Clearance department provides clients with consultation to determine the clearances required. Each request is evaluated on a case-by-case basis to determine the potential rights issues for the specific project. We do the research, contact the rights-holders, seek permission and negotiate a fair price on your behalf until the licence and contract has been completed.

What are the fees for the clearance and indemnification services that we offers?

There is no charge for an initial evaluation. Our fees for further rights clearances are determined on case-by-case basis as well as on the image selected and intended use.
Each individual right to be clarified (personality rights, rights to brands, rights of organizations, audio rights, third party copyrights, panorama rights and more) costs 450 euros, regardless of the complexity of the research or whether the rights clearance is successful. This includes negotiations with rights holders. Commission is only payable when usage rights are successfully secured.

Send enquiries by e-mail to: rightsclearance@framepool.com

Glossary – Release status

All rights cleared, signed releases available

Third-parties involved in the clip have provided signed releases for all uses and purposes and no additional fees apply. For more information please contact an account executive or our rights clearance team at rightsclearance@framepool.com

All rights cleared and signed release documented, additional fee applies

Third-parties involved in the clip provided signed releases for all uses and purposes but an additional fee for each project applies. For a better assessment and information on fees please contact an account executive or our rights clearance team at rightsclearance@framepool.com

Rights clearance required

We need authorization from the third-party on the clip for all commercial usage of their image and likeness. For more information please contact an account executive or our right clearance team at rightsclearance@framepool.com

Rights not released

Third-parties have not given permission for usage of their image and likeness or they can’t be located for clearance. To help you determine whether obtaining clearance may be a good solution or required in your situation please contact an account executive or our rights clearance team at rightsclearance@framepool.com

All required/applicable rights cleared

There is no clearance required for the third-parties seen on the clip. Such clips with the following release information may be of landscapes, animals, buildings, cities, and even people. For more information please contact an account executive or our rights clearance team at rightsclearance@framepool.com

Partial releases available, additional clearance required

We have partial releases but releases for other third-parties seen on the clips may be required. For more information please contact an account executive or our rights clearance team at rightsclearance@framepool.com

Use for commercial or editorial purposes not allowed

Restrictions apply to certain footage and/or we have not been authorized to sell the footage for commercial or editorial projects. For more information please contact an account executive or our rights clearance team at rightsclearance@framepool.com

For any other questions or assistance navigating the world of “rights clearance” please contact an account executive to get expert advise or send us an email at rightsclearance@framepool.com

Disclaimer

We can only give recommendations which should never be used to substitute legal advice for the client by his/her lawyer. Our recommendation is based upon German law. Applicable is always the law of the country where clips are used.