Written by Rosalind McKenna for Solaire PitchUp Creator Centre
Last updated: September 2026
Not necessarily.
Copyright ownership depends on the work, the creator's employment status, the contract and the law governing the agreement. In the UK, someone commissioning work from a freelancer will generally not automatically own the copyright simply because they paid for it. Unless the contract says otherwise, the creator will usually remain the first copyright owner. GOV.UK
Employment is treated differently. Work created by an employee in the course of their employment will generally belong to the employer under UK law, subject to any contractual exceptions. GOV.UK
The United States has its own work made for hire doctrine, but the phrase is widely misunderstood. It applies only in defined circumstances set out in the Copyright Act; describing something as work made for hire in a contract does not automatically make it so. U.S. Copyright Office
Neither jurisdiction's rules apply internationally. If your production involves creators or agreements in multiple countries, the applicable law should be identified in each contract.
Chain of title is the documentary history showing that the production controls the rights necessary to make and exploit the film.
WIPO describes it as the unbroken record of ownership of copyright and other legal rights in the property. It can be essential for distributors, sales agents, financiers and others dealing with the finished film. WIPO
Think of it as the film's legal ownership file. If somebody asks, 'What gives you the right to make, sell and distribute this?', you should be able to produce the documents.
The precise documents depend on the production, but commonly include:
This should be investigated before substantial development expenditure is committed.
A screenplay adapted from a novel, article, stage play, graphic novel or another protected work normally requires appropriate rights from whoever controls that underlying property. Those rights are often optioned first — giving the production an exclusive period to develop the project — and formally acquired later if the project progresses. See What Should a Film Deal Memo Include? for more on documenting these arrangements.
The same principle applies when rights have passed through several companies or individuals. WIPO notes that projects based on pre-existing works need documentation establishing previous licences or transfers as part of the chain of title.
Real-life stories raise additional questions around copyright, privacy, defamation and related legal risks. These issues vary considerably between jurisdictions and should be examined by an appropriately qualified entertainment lawyer before significant development expenditure is committed.
Because they are acquiring or financing something that must actually be exploitable.
WIPO notes that clear chain-of-title documentation can be crucial to obtaining finance and distribution. Without it, selling a film property may become extremely difficult.
A distributor considering international exploitation does not want to discover that the production lacks worldwide rights to a photograph appearing throughout the film, that the screenplay rights were never properly transferred, or that a piece of music was licensed for festival screenings but not commercial distribution. These are commercial problems as much as legal ones.
Rights clearance can also affect errors and omissions insurance — commonly called E&O insurance — which covers risks including copyright infringement, defamation and other claims arising from the production. Insurers may examine clearance procedures and chain-of-title documentation before agreeing to provide cover. (WIPO)
As early as possible.
Do not wait until a distributor, sales agent or financier begins due diligence. By then, missing signatures can become expensive. A creator may be difficult to locate, negotiations may have changed, or somebody may realise that the production now has substantially more value.
Before serious finance is raised, create a rights file and identify every important element that the project depends upon. Record:
For significant productions, use an entertainment lawyer familiar with the jurisdiction governing the project. Copyright rules differ between countries, particularly around authorship, moral rights, commissioned work and contractual transfers.
Yes.
Film finance readiness is not simply a budget, screenplay and pitch deck. Investors and buyers need confidence that the entity asking for money actually controls the asset being financed.
PitchUp treats rights and ownership information as part of project readiness and due diligence. A creator does not need every production agreement executed at an early development stage, but significant gaps in ownership should be identified before a project is presented as investment or market ready.
Create a rights file for the project. List every important piece of intellectual property, identify who owns it, locate the agreement giving the production permission to use it and flag anything that cannot currently be proved. This is the single most useful step a producer can take before approaching financiers or distributors.
Written by Rosalind McKenna for Solaire PitchUp Creator Centre
Last updated: September 2026