Obtaining a Title Report and Opinion are both necessary steps in not only obtaining Errors & Omissions (E&O) coverage, but also in giving you peace of mind that your project will not run into any legal problems.
The Title Report is a compilation and detailing of the history of the use of the title you have chosen for your production in all types of media. It summarizes the title search and identifies any legal hazards for use of that particular title.
You and your insurance carrier need to be certain that the title for your project does not infringe on any previously existing trademark, whether registered or not, and that the title you have chosen will not be mistakenly associated with another well-known film title or other property.
This is where a title opinion is crucial. One of our experienced in-house entertainment attorneys will analyze your title report in order to determine whether the chosen title is available to use without raising any legal issues. Your E&O carrier will use this in underwriting your policy. Title Opinions help you avoid trademark infringement with legal advice and research to cement your claims to a title, thereby facilitating the process of obtaining Errors & Omission coverage and inking distribution deals.
Title Opinions are often required, and always recommended, as one of the essential components in ensuring your project is distributed in a timely and efficient manner.