In case of doubt about the copyright/owner`s rights in copyrighted material, the production law advisor or the production company`s lawyer should check all contracts and perform a copyright search prior to the start of the main photograph, in order to ensure that the licensor is the current copyright owner of the work (or assignment of the work) and that there are no other rights or charges on the title that would conflict with the author/owner`s chain of title. Although registration of a copyright transfer with the U.S. Copyright Office is not required to allow the assignment of copyright, it does ensure a correct chain of titles in and to copyright. Moviegoers shouldn`t wait until the movie is ready to start compiling the movie`s title channel. This activity is expected to continue throughout the process of creating the script and the next film. In other words, copies of documents relating to the ownership of the rights of the script or film should be added to the title document chain when they are created. It is important that filmmakers take the necessary steps to ensure that they have obtained the necessary licenses and authorizations for all copyrighted material and trademarks used in their film. The creation and clarification of copyrights and trademarks is the essence of protecting property rights related to film production. The final step in such protection and sharing is to create and maintain this collection of title documents in an orderly format. Other agreements that may affect the ownership of a film`s production rights and copies of which may appear in a film`s title chain are as follows, examples of which are available on the www.filmfinanceattorney`s website in the „Film Industry Contracts“ section: real estate is an area where the chain of titles is of considerable importance. Different registration systems, such as the Torrens title system, have been designed to track the ownership of individual properties. For real estate transactions in the United States, insurance companies issue title insurance based on the chain of ownership of the property at the time of transfer.
Title insurance companies sometimes have private titles that track real estate titles in addition to official registrations. In other cases, the chain of title is defined by a summary of the title, which is sometimes, but not always, certified by a lawyer. In the United States, some mortgage holders may not be able to create a chain of ownership, although the mortgage holder may require a clear chain of ownership before enforcement can continue. A general lack of clarity in the chain of title results from a decision by many lenders in 1995 to rely on a third entity – often a specific company, Mortgage Electronic Registration Systems (MERS) – to retain ownership nominally, in order to allow the purchase and sale of mortgage debt without registration of a change of ownership with local governments.  U.S. states have opposed this practice and have even filed complaints.  Production lenders generally require a graduation guarantee. As a general rule, however, a complete chain of title materials is required to obtain a closing guarantee.
Simply put, Chain of Title is the paper track that defines the right of a person or company to take the proposed actions regarding a piece of land. The „chain“ is back from the current owner to the original owner of the property in question.. . .