For many indie filmmakers, submitting a film to a festival is the culmination of years of hard work, passion, and creativity. Recently, All We Imagine as Light premiered at the 77th Cannes Film Festival on 23 May 2024. It was the first film from India to compete in the main competition since 1994, and won the Grand Prix! Win like this even increase the excitement of Indie Filmmakers to dream for the Cannes and Oscar! 

The excitement of potentially seeing your work screened before an audience at a prestigious event is thrilling, but it’s easy to overlook the legal complexities that come with film festival submissions. Failure to address these legal essentials could not only disqualify your film from a festival but could also land you in hot water with lawsuits and legal disputes. 

Before you hit “submit,” here’s what you need to know to protect your film—and yourself. This article is a comprehensive guide for the Indie filmmaker to submit and compete in a film festival. 

1. Rights Clearances: Don’t Skip This Step

When preparing your film for a festival, one of the first things you need to ensure is that you have all the necessary rights clearances. Whether it’s music, stock footage, images, or talent, securing legal permission is a non-negotiable step. Festivals will ask for proof of these rights, and failure to provide them could lead to disqualification or worse, legal action from the rightful owners of the content you’ve used.

Music Rights: If you’ve used music in your film, you need to confirm whether the tracks are licensed for film festivals. Using “royalty-free” music doesn’t always mean it’s free for every use, especially public screenings or international festivals. Make sure you have the proper synchronization licenses for each track.

Footage and Image Licenses: Many indie filmmakers use stock footage or images in their films to save on production costs. While this is a great resource, it’s important to make sure the footage or images you’re using are licensed for commercial use. Some licenses are restricted to non-commercial purposes, which can disqualify your film if it’s accepted into a major festival.

Talent Releases: Every actor, extra, or person appearing in your film must have signed a release form that gives you permission to use their image and voice. Failing to secure these release forms could open you up to legal challenges if someone decides they no longer want their likeness to appear in your film.

2. Understanding Festival Contracts: What Are You Signing?

Once you’ve been accepted into a festival, you’ll be required to sign a contract that outlines the terms and conditions of the event. These contracts can vary from one festival to another, so it’s crucial to carefully read and understand what you’re agreeing to. It is advisable to take help of a media entertainment attorney. 

Exclusive Screening Rights: Some festivals may require exclusive rights to screen your film, meaning you won’t be able to submit or showcase it at other festivals until their event has passed. This could limit your film’s exposure, so it’s important to weigh the pros and cons of exclusive agreements.

Distribution Deals: Occasionally, festivals will offer or negotiate distribution deals with filmmakers whose films perform well. Before signing on the dotted line, make sure you understand the terms of any distribution offers. Who will retain the rights to the film? How will profits be split? What platforms will the film be distributed on? If a festival offers you a deal, consider having a lawyer review it to ensure you’re not signing away too much control or profit.

Resubmission Restrictions: Some festivals have clauses that prevent you from submitting the same film to other festivals, or even the same festival, in the future. Be aware of these restrictions, as they could impact your film’s future distribution and festival circuit.

3. Publicity and Marketing: How Festivals Use Your Film

Festivals often ask for permission to use clips, images, or stills from your film to promote the event. While this is generally beneficial for both parties, it’s important to clearly define the scope of this permission.

How Much Footage Can They Use? A festival might want to use a short clip of your film in their promotional materials. Make sure the contract specifies how much footage they’re allowed to use and where it will be shown (online, TV, social media, etc.).

Creative Control Over Marketing: Will the festival have control over how your film is marketed? Ensure that you retain some control over the marketing materials to avoid misrepresentation or unwanted branding of your work.

4. Fair Use: Don’t Assume It Covers Everything

If your film includes third-party content (like news footage, copyrighted works, or images of public figures), you might assume that “fair use” will protect you. However, fair use is a tricky legal doctrine that doesn’t apply in every case, especially in a public forum like a film festival.

What Counts as Fair Use? Generally, fair use applies to transformative works, where the new work adds something new or different to the original content, like criticism, commentary, or parody. Simply using someone else’s work without major changes or without adding substantial new meaning probably won’t be protected under fair use.

The Risks of Assuming Fair Use: If you’ve included content that isn’t clearly covered by fair use, you could face legal challenges from the rights holders. It’s better to either license the content or remove it entirely than risk having your film disqualified—or worse, getting sued.

5. Post-Festival Distribution: What Happens Next?

Once your film has completed its festival run, you’ll want to think about how it will be distributed. Some festivals offer distribution deals, but these often come with strings attached, such as giving up a portion of the profits or granting the distributor full control over international releases.

Retaining Your Rights: Make sure you retain the right to distribute your film on other platforms, whether it’s through streaming services like Netflix or Amazon Prime, or physical distribution like DVDs. Many filmmakers have found themselves locked into deals that prevent them from profiting off their own work because they didn’t fully understand the distribution terms they signed.

International Streaming and Sales: If your film is offered for international distribution, understand how the profits will be split and who will have control over the release. You don’t want to sign away your film’s rights in key markets where it could potentially make a significant impact.

Submitting a film to a festival is a thrilling and pivotal moment for any indie filmmaker, but it’s critical to approach it with a solid understanding of the legal landscape. From securing rights clearances to understanding festival contracts, paying attention to these legal essentials can help you avoid costly mistakes and protect your creative work. If you’re unsure about any aspect of your festival submission, consulting a legal expert can save you headaches and ensure your film is ready to shine on the big screen. Reach out to us at legal@attorneyforcreators.com