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Description

What does the person who cleans up documentary licensing messes wish you had done before you shot a single frame?

Teddy Cannon has spent 10 years in what he calls the link in the production line, standing between the filmmakers, the legal team and every vendor whose footage, photos or music ends up in a film. His job is to make sure every third-party asset in a documentary is cleared before it ever lands on the editor's palette. And more than half the time, he says, he is brought in to clean up a mess.

In Episode 277, Christian Taylor sits down with Teddy, a veteran ARC Producer and the founder of Crux Entertainment, to talk about documentary licensing, fair use, and why the person who clears your footage belongs at the top of your project instead of the end. ARC is Teddy's name for a job the industry has quietly merged: the Archival Producer and the Clearance Producer in one role.

Teddy walks through a case he sketched out for a client: a nine-episode, for-profit music learning series that had already locked its edit before anyone asked about rights. The first 30 seconds of Jackson 5 performance footage alone, he estimated, would cost $50,000 to $70,000 to license, and fair use would not protect a series like that. Christian admits she learned the same lesson the hard way, by leaving clearance until the end of a project herself. Teddy explains why a photo of a statue in France is not automatically free to use, how fair use really works for documentaries, and why your E&O insurance depends on a fair use attorney's letter. He explains why a veteran archival producer is worth hiring, with the story of the small museums near Redding, California that let someone come in and digitize their collections to set the tone of 1972, and names a project he is especially proud of, Kiss the Future.

CHAPTERS

0:00 What Does an ARC Producer Do?

2:29 Who Owns the Footage in Your Film?

6:45 The $70,000 Jackson 5 Clip

9:21 How Does Fair Use Work?

12:13 What Does an ARC Producer Cost?

14:49 Finding Footage No One Has Seen

19:47 ArcWorks and Reaching Teddy

22:48 Yacht Rock and Kiss the Future

FREQUENTLY ASKED QUESTIONS

What is an ARC Producer in documentary filmmaking?

ARC stands for Archival and Clearance Producer. Teddy Cannon explains that productions used to hire an archival producer to find footage and a separate clearance producer to secure the rights. Today the two jobs have melded into one. The ARC Producer finds the third-party footage, photos and music a film needs and makes sure every piece is cleared before it reaches the editor.

Why is music licensing so expensive for a documentary?

Music often carries several layers of rights at once. In Teddy Cannon's example, a performance clip of the Jackson 5 needed both the video and the audio licensed, and the music kept playing after the picture cut away. Music is also very difficult to use under fair use. Teddy estimated $50,000 to $70,000 for that one 30-second clip, before any producer or attorney fees.

Can I use a photo of a statue or a painting in my documentary?

Not automatically. A statue or other artwork is owned by somebody, and a photo of it in your film may need to be cleared. Teddy Cannon recommends having your clearance person in the pre-production meeting so the crew watches the frame, or sends a screen grab to be checked, instead of hunting down the owner of a painting months later in post.

How does fair use work for documentary filmmakers?

Fair use lets documentaries use copyrighted material when it serves a clear purpose in the story. Teddy Cannon's rule of thumb: if you are talking about a duck, there is a duck on screen. Your interview or narration has to be speaking to what the audience is seeing. You also need a fair use attorney, because E&O insurance requires the attorney's letter clearing the cut.

How much does it cost to hire an ARC Producer?

According to Teddy Cannon, very experienced ARC Producers ask around $3,500 a week, some veterans who simply want to work charge about $2,500 a week, and junior producers cost less. He recommends hiring someone senior who can spot an expensive problem immediately. Filmmakers can post jobs on Staff Me Up or look through the Archival Producers Alliance, then hire on a weekly rate.

DOCUVIEW DÉJÀ VU PICKS

Teddy's picks:

SPONSORED BY VIRGIL FILMS ENTERTAINMENT

This episode is brought to you by Virgil Films Entertainment, distributor of Super Size Me and the Oscar-nominated Restrepo, with over 25 years of distribution experience. https://virgilfilms.com

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ABOUT THE GUEST

Teddy Cannon

ARC Producer and Founder, Crux Entertainment

Teddy Cannon is a veteran media producer who oversees legal rights and clearances, and a tech entrepreneur. He spent years as a segment producer on shows like World's Scariest, pulling together the material to tell each story, before moving into clearance work, where he has spent the last 10 years. He runs Crux Entertainment, and through his company 3P Sync he is building ArcWorks, software for tracking third-party assets from intake to deliverables. This is Teddy's second conversation on Documentary First, after Episode 244.

Email: teddycannon@gmail.com

LinkedIn: https://www.linkedin.com/in/teddy-cannon-52447314/

ABOUT CRUX ENTERTAINMENT AND 3P SYNC

Crux Entertainment is Teddy Cannon's clearance and legal support company for documentary, scripted and other film and television projects. 3P Sync is building arcWorks, a workspace that helps archival and clearance teams track assets, rights, releases and budgets in one place instead of spreadsheets.

Crux Entertainment: https://www.cruxentertainmentinc.com

3P Sync: https://www.3psync.com

ABOUT DOCUMENTARY FIRST

Documentary First is a weekly podcast about the people behind documentaries and how the work changed them. Host Christian Taylor, director of the award-winning The Girl Who Wore Freedom, talks with filmmakers, distributors, entertainment lawyers, actors and more, from Ken Burns and PBS American Masters creator Susan Lacy to first-timers, across nearly 300 conversations. Each week brings one of two formats: a long-form conversation with the people behind films for HBO, Netflix, PBS and independent film, or The Deep Dive, where Christian takes one insight from a recent conversation and follows it wherever it leads. Listen Notes ranks the show in the top 5% of all podcasts worldwide. New episodes every week.

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