IP advice for your industry

Film & Television

A Guide for Creators, Producers, Broadcasters, and Rights Holders

In the film and television industry, intellectual property (IP) underpins the creation, financing, and commercial exploitation of content. Whether you are a writer, producer, director, broadcaster, or distributor, understanding how to protect and manage IP is essential. This includes not only rights ownership and licensing, but also identifying and mitigating legal risks throughout development and production.

1. Copyright and Core IP Rights

The primary IP right in film and TV is copyright, which protects original works such as:

  • Scripts, screenplays, and dialogue
  • Footage, direction, cinematography, and editing
  • Soundtracks and scores
  • Visual elements including costume, sets, and promotional material
  • Broadcasts and programme formats

Copyright protection arises automatically in Europe and the UK upon creation, but careful stewardship and self-custody is needed in order to record, secure and prove rights.

Ownership depends on the nature of the relationship: employees’ output is generally owned by the employer, while freelancers or contractors may retain rights unless assigned by contract. Ensure all contributors sign written agreements assigning necessary rights to the production company.

Film set
Cast gather around a TV script with an IP lawyer

2. Moral Rights and Performer Rights

  • Moral rights (e.g. to be credited and to object to derogatory treatment) belong to individual authors and directors unless waived in writing.
  • Performer rights protect the use of recorded performances. Further use beyond the original context (e.g. in trailers, merchandise, or compilations) usually requires additional consent or licensing.

Include appropriate waivers, clearances, and usage rights in contracts with cast and crew.

3. Trademarks, Branding and Titles

While film and TV content is protected by copyright, titles, logos, character names, and franchise branding may also be protected under trade mark law, particularly where used in:

  • Series, film franchises, or recurring formats
  • Licensed products and merchandise
  • Digital games or spin-offs

Registering key names and marks strengthens control over brand use and licensing. Clearance searches are vital to avoid infringing pre-existing trade marks.

4. Licensing and Exploitation

Film and TV projects are built on complex rights chains and commercial agreements. Ensure clarity over:

  • Distribution rights across platforms (theatrical, broadcast, streaming, VOD)
  • Territorial rights for different regions or markets
  • Ancillary rights, such as merchandising, adaptations, and live events

Written agreements should define the scope, duration, exclusivity, approvals, royalties, and attribution obligations. Keep documentation organised and up to date.

Filming a theatre performance

5. Risk Areas: Submissions, Environments, and Product Use

Unsolicited idea submissions present a legal risk. If someone claims you used their idea without permission:

  • Avoid reviewing unsolicited scripts or treatments unless submitted via formal channels with clear disclaimers.
  • Keep records of original development timelines, writers' rooms, and versions to show independent creation.
  • Use NDAs and submission agreements where appropriate.

Filming buildings and landmarks may create copyright issues, especially in countries where architectural works are protected and not subject to full freedom of panorama. While UK law offers relatively broad exceptions, care should be taken when distributing content internationally (e.g. in France or Germany).

Third-party brands and products visible in scenes may cause:

  • Trade mark infringement or dilution claims
  • Objections based on reputational harm or false association

To reduce legal exposure:

  • Use fictionalised branding or obtain clearance for real-world products
  • Consider prop licensing where brands or logos feature prominently
  • Take care with signage, artwork, or branded backgrounds

6. Enforcement and Infringement

Common risks include:

  • Use of unlicensed footage, scripts, or music
  • Title or character confusion with existing properties
  • Unauthorised streaming or piracy

Protect your rights by:

  • Registering trademarks and using rights management tools
  • Monitoring use of your content online and offline
  • Working with collection societies and legal advisers to pursue infringement
Final considerations

In the UK film and television industry, IP management is both a creative and commercial imperative. From development to distribution, ensure rights are clear, contracts are robust, and risks are identified early.

To protect and maximise your IP:

  • Secure and document all contributions and assignments
  • Register key trademarks and manage content clearance proactively
  • Use contracts to manage submissions and third-party IP risk
  • Seek legal advice on licensing, distribution, and international rights

Effective IP strategy protects the integrity, value, and longevity of your project.

“A movie like ANTARA generates so much copyright, both

integral to the movie and in ancillary fields, such as collectables,

games, costumes and artwork”.

Alex Amartei
Writer and Producer

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