What is BTS content? Behind-the-scenes (BTS) content refers to the images, videos, and footage captured during the creation of a film, television programme, music videos, fashion shoots, commercials, or other media projects. This content is typically not meant to be part of the final product but offers a glimpse into the process behind its creation. It can include footage from the production stage like video or photos of directors, actors, or crew working during rehearsals, set design, camera setups, makeup application that are the “in-between” moments not intended to be seen in the final edited product; casual photos or videos that capture behind-the-scenes moments like candid snapshots of actors, the director’s guidance, interactions between the crew, or casual moments that show the atmosphere of the production set; unpolished moments like bloopers, outtakes, and other unscripted, unedited footage that doesn’t end up in the official version of the movie, show, or advertisement but provides insight into the creative process. These content would not appear in the final film but are used for promotion of the movie showing the technical processes that go into the making of the final product.

Does Copyright exist in BTS content? If the BTS content has any creative input or creative decision like selection and arrangement of scenes, shots or moments; camera angles; editing such as timing, narration etc, there is a degree of creative input sufficient to satisfy the originality requirement thus qualifying for copyright protection. If there is no creative decision-making, then the BTS content might not be eligible for copyright protection as there is no originality in it.

Who owns the Copyright in BTS content? Generally, the photographer or the creator of the content holds the copyright in the BTS content unless otherwise stipulated in the contract. If the creator of the content is working in an individual capacity, the Production House can enter into an agreement with the creator for transferring the copyright ownership in the BTS content to them. On the other hand, if the person who made the content is employed under a Work-for-Hire contract, the Copyright in any BTS content so created will remain with the Production House. To avoid any dispute over copyright in BTS content, the Production House can also enter into a contract with the actors, director and other crew members that stipulate that Copyrights in any photographs, videos or other media content created during their engagement by the Production House shall belong to the Production Company and none else. In this manner, Copyright in any photograph taken by the crew members during the production of the film in the production location will also belong to the Production House.

How to incorporate clauses governing BTS Content? Here are a few sample clauses –

“The Producer shall own all rights, title, and interest, including all copyrights, in and to any and all behind-the-scenes materials created during the production, including but not limited to photographs, videos, audio recordings, and any other content captured during the filming process (collectively referred to as ‘BTS Content’). This includes any content captured by the Actor or Crew Member, whether as part of the production process or during breaks or personal time on set. The Producer shall have the exclusive right to use, distribute, and license the BTS Content in any and all media, throughout the world, in perpetuity.”

“Any photographs or videos taken by the Actor or Crew Member on set during the production of the Film shall be considered the property of the Producer. The Producer shall have the exclusive right to license, sell, or otherwise exploit these materials in any and all media formats, including but not limited to physical media (e.g., DVDs, Blu-ray), digital distribution platforms, and promotional materials. The Producer may, at their discretion, grant limited license rights to the Actor or Crew Member to use such BTS Content for personal use, with prior approval from the Producer.”

“Notwithstanding the foregoing, the Actor shall retain the right to use any personal BTS Content (e.g., photographs or videos personally taken by the Actor during production) for non-commercial purposes such as personal portfolios or social media, subject to obtaining prior written consent from the Producer and any other parties depicted in the BTS Content. The Producer may request that such content not be used in a manner that conflicts with the production’s commercial interests or public image.”

“The Actor or Crew Member acknowledges that the Producer may, at their discretion, review and approve all BTS Content before it is used for any commercial purposes. The Actor or Crew Member shall provide any necessary cooperation for such review, and the Producer shall have the final decision regarding the use and distribution of all such content.”

What are the key considerations while including BTS related clauses in Agreements?

  • Who has the Ownership over BTS content: clearly mention who owns the BTS content
  • What constitute BTS content: photographs, videos, bloopers etc
  • Who all are governed by the BTS content clause: actors, choreographers, other crew members
  • What is the scope of BTS content: whether any content captured as a part of the production process or during breaks or personal time on set comes under the scope of BTS content
  • Usage rights: Specify the permitted uses of BTS content, including commercial and non-commercial uses, as well as any limitations on distribution.
  • Credits :Clarify whether and how individuals who create BTS content will be credited if their work is used commercially.

By Reshma

Disclaimer: The content on this blog is for informational purposes only and does not constitute legal advice.

Images generated using AI.