Clearances: Legal Risks Hiding in your Script
Here are the top legal pitfalls I frequently flag in scripts and how best to avoid them:
1. Using real names without clearance
If your character’s name is that of a real person, exercise caution, in particular when that character is involved in anything that could be construed as negative or controversial. For example, a character named Alastair Cage acting as a corrupt CEO; if there is a real Alastair Cage working in finance you could face legal challenges. The legal risks here include defamation and invasion of privacy. Full character names must always be neg-checked.
2. Using brand logos [or names] without permission
If you show products, businesses or logos, in particular when focal, be aware of negative depiction. For example, a fight taking place in a recognisable coffee chain or a criminal drinking a can of CocaCola. The key legal risk here is trademark infringement. Avoid brand references unless integral to the plot and use generic or fictional alternatives that have been neg-checked.
3. Reciting song lyrics, poems or literary works
If a character is singing a song, reciting poetry or reading from a book, even as little as a few words are protected by copyright. For example, ‘I still haven’t found what I’m looking for’. The legal risk is copyright infringement, which can be avoided by either using public domain material or licensed material.
4. Depicting real places
If you are using a real school, hospital, hotel, restaurant or any other business to achieve authenticity in a story, note they must not be portrayed in a negative light. For example, a violent crime taking place inside a real hotel, without the hotel providing express approval of this storyline and its’ association. The legal risks here are defamation and business disparagement. Change real business names to fictional alternatives that have been neg-checked.
5. Portraying real people
If your script features real individuals, whether living or deceased, you may face legal challenges from individuals, family or their estates. For example, implication of a guilty verdict in a story, when the person was never convicted. The legal risks include defamation and misrepresentation. Ensure life rights have been secured or heavily fictionalise the story and names.
6. Problematic dialogue
If your characters say anything false or that could be construed as harmful about a real person or company, be aware that this dialogue could trigger legal claims. For example, a character saying "Dr Julian Charles at UCL is a negligent doctor”, and both the doctor and the hospital exist. The key legal risk is libel. Fictionalise names of people and businesses where damaging lines are spoken.
7. Unlicensed background materials [when lingered on]
If you are dressing your sets with artwork, music posters, magazine covers and books, be cautious of any which may become focal, lingered on or identifiable, as they are all protected IP. For example The Sunday Times newspaper dressed onto a coffee table in the background of a scene. The legal risks are copyright and trademark infringement. Track visible content with the art department and licence accordingly.
8. Misrepresentation of culture, religions or historical events
It is not that misrepresentation of a culture, religion or historical event may result in a lawsuit, however, it can lead to such a cultural uproar and backlash that ultimately the production is banned and pulled from international distribution. When material is culturally significant or historical, clearance should be paired with sensitivity and cultural accuracy expertise.
A Script Clearance Report identifies these issues before they escalate, giving you time to adjust the script, secure licences, or rewrite small details.
I specialise in fast, reliable and comprehensive reports that allow writers, producers and studio to stay protected, compliant and confident.
Should you have any questions or wish to discuss your upcoming productions, please do get in touch.
Jessica Moran
