Legal (India)

A. OVERVIEW:
Production Company (“Prod Co”) is responsible for ensuring that all program content and materials for an Amazon Studios program (“AS Program”) are cleared for exploitation in all media, throughout the universe, in perpetuity, on a full buyout basis, including for use in marketing and promotions. Prod Co may not rely on a fair-use defense (or similar doctrines/copyright exceptions) to incorporate third-party materials.
 
This document does not constitute legal advice. Amazon's approval of forms, and Prod Co's use of any forms provided by Amazon, do not constitute legal advice.

AS provides a few guideposts below, but context can affect particular clearance decisions.

The Prod Co should have a team of individuals experienced in clearance work dedicated to reviewing scripts, cuts, and any third-party material incorporated in the AS Program, including a clearance coordinator (“Production Company Clearance Team”). In addition, the Prod Co should work closely with their in-house legal team or external legal counsels (“Production Company Counsel” or “Prod Co Counsel”) on all clearance matters.
 
B. CLEARANCE-RELATED DELIVERABLES:
AS requires delivery of:

1. a Master Clearance & Release Log in the Amazon approved format[1] at Rough Cut Two (unless directed otherwise by AS Legal) for each AS Program and each episode, if applicable, in which all rights and restrictions on the cleared material are listed
2. an Ad/Pub Restrictions Memo, if requested by AS, explicitly highlighting the restrictions any material may have in relation to trailers, advertisements, or publicity campaigns.

All deliverables should be uploaded in accordance with the Legal Deliverables guidance below.
 
C. NON-EXHAUSTIVE LIST OF POTENTIAL CLEARANCE TOPICS FOR REVIEW:

BRAND NAME PRODUCTS/LOGOS:

If an actual brand name will be used in a storyline or otherwise is prominently featured, whether scripted or not, AS Legal must be notified and approve the use.

AMAZON AND COMPETITIVE PRODUCTS: When possible, productions should display Amazon electronic devices, as opposed to competitive products, on-screen. For example, on-screen:

• e-reading device should be a Kindle;
• far-field voice-activated device should be an Amazon Echo;
• video streaming device should be Fire TV;
• video streaming service should be Prime Video, etc.

Please email AS Legal and AS Production to request to use Amazon-branded Kindles, Fire Tablets, and Echo devices on screen. Please note that there are specific usage guidelines to consider for the onscreen use of the Alexa product. Please discuss any proposed use of the Alexa product with the AS legal team.

COPYRIGHTED MATERIALS: Artistic or otherwise-copyrightable work that Prod Co uses or displays on camera should be fully cleared as either (1) licensed, (2) original to the AS Program, or (3) confirmed – by Prod Co Counsel – to be in the public domain. Please be mindful of the following non-exhaustive list of potentially copyrighted material:

• Sculptures, murals, photographs, and other art on a set or location.
• Photographs or artwork on or in books, newspapers, magazines, or including social media sites, governmental sites, Flickr, and Wikipedia. Even if Flickr or Wikipedia says a photo or piece of artwork is in the public domain, it is not necessarily true.
• Public art, like murals, artistic graffiti, sculptures, and other installations on or readily viewed from public streets and sidewalks. Please consult with your Counsel before using an establishing shot of public art (e.g., the Hollywood Sign, Eiffel Tower Lights).
• Billboards, software, games, calendars, puzzles, board games, toys, puzzles, maps, etc.
• Covers and inside pages of newspapers, magazines, brochures, etc.
• Books, including the cover, inside text, and/or illustrations.
• Decals, bumper stickers, buttons.
• Artistic logos, insignias, patches, badges, uniforms, emblems, seals, etc., of real organizations, including awards from a real organization (e.g., Nobel Prize, Pulitzer Prize, Academy Award).
• Real radio and TV station call letters.
• Phone/Tablet apps (or their icons) that appear on-screen, including Whatsapp and iMessage.
• Quotes from books, movies, television shows, songs, etc. 
• Photos or graphics used for green screen backgrounds or other interview backdrops.
• Items purchased from online retailer sites such as AMAZON, ETSY, EBAY, CRAIGSLIST, ETC.
• Third-party footage (including from the owner of the clip and from any talent appearing in the clip), such as news, television, or film clips; home videos; FaceTime footage; and YouTube, Facebook, Instagram, Vine, or Periscope clips, in-game graphics for video games.
• Fonts.
• Tattoos – including tattoos on the actor and those created for the AS Program.
• Wardrobe.

MUSIC: All music appearing in an AS Program, no matter how brief, must be fully cleared as either (1) licensed, (2) original to the AS Program, or (3) confirmed – by Prod Co Counsel – to be in the public domain.

Licensed commercial music (i.e., pre-existing music other than “library music”) is subject to the same clearance requirements as any other artistic/copyrightable material. Amazon has agreements in place with music libraries, so please consult with your AS Music Executive before entering into any license agreements for this kind of music.  Any limitation on the use of music should be approved by Amazon in writing, and noted in a music restrictions memo (see Music section).

 Following is a non-exhaustive list of potential music-related issues to be mindful of:

• Ambient music (e.g., playing in the background at a restaurant or festival or in a car) requires a license for the underlying composition and recording. This also includes radio broadcasts, TV theme songs, etc.
• Impromptu music (e.g., singing, humming, whistling, or quoting lyrics from copyrighted songs) also requires a license. This often becomes an issue when talent improvises on camera by, for example, humming a brief portion of a copyrighted song.
• Instrumental performances by on-camera talent (e.g., an actor playing a song on guitar).
• Lyrics or sheet music on screen.
• Music included in archive clips.
• Ringtones.

 INDIVIDUAL LIKENESS / PERSONALITY RIGHTS / PUBLICITY RIGHTS RELATED CLEARANCE TOPICS:

• Individual Likenesses: Likeness releases may be required for individuals that appear recognizably in any photographs, paintings, magazines, newspapers, etc.
• Real Personal Information:
  • Credit cards, checks, and other paperwork with actual, personal identifying information should never be legible on screen. Personal phone numbers, addresses, and email addresses should be blurred. Prod Co Counsel will need to review content for any data protection & privacy concerns.
  • Recognizable license plates should not be legible on the screen.
  • Please consult with Prod Co Counsel and the Prod Co Clearance Team regarding the use of Tweets, Facebook posts, instant messages, text messages, emails, etc.
• Talent’s Personal Photographs: Candid childhood and/or other family photos provided by talent usually require (a) a materials release signed by the photographer; and (b) likeness release(s) signed by any individuals (and/or parent(s) or guardian(s) in the event a minor is portrayed) appearing in the photographs.
• Victims of Crime: AS does not allow images of real crime scenes or victims or the use of real names of victims. Prod Co should use fictional crime photos with fictitious names.

MISCELLANEOUS:

On-screen use of the following items may be subject to restrictions under applicable local laws:

• Currency/Money
• Flags

Please discuss the same with AS legal and Prod Co Counsel.

D. CONTENT STANDARDS: Please be aware that certain objects/products may not be approved for use in AS Programs per the content standards.

E. CREDITS: Please refer to Amazon’s Credit Policy for direction on any credit-related questions, including Thank You credits.

F. GENERAL PRODUCTION: FILMING IN PUBLIC SPACES

Generally, cameras should be open and obvious when filming in places where the public might be, and Prod Co should post wide-area releases around the vicinity in primary and secondary languages for the shooting location. Subject to applicable local law, Prod Co may not need to ask bystanders to sign a likeness release if they are not heard or featured on camera. But when someone who is not part of Prod Co speaks or interacts on camera, or may in some other way be featured, ask that person to sign a likeness release. If the person will not sign a release or one was not obtained for some other reason, seek guidance from Prod Co Counsel as to whether the footage can be included in the program. Do not blur individual likenesses, artwork, or other third-party materials without approval from AS Legal because blurs can impact the Prime Video customer experience.

G. STOCK FOOTAGE AND PHOTO BANK VENDORS

For Stock Footage related queries, please refer to the Stock Footage Licensing Guidelines.

AS prioritizes the health and safety of its unscripted programming participants and expects the Prod Co to maintain a safe environment. The appropriate level of care varies based on the nature of the show and the type of participant (professional performers vs. non-professionals). Prod Co must develop a duty of care plan in two steps: (1) casting/diligence (must be submitted before casting begins) and (2) production/after-care (must be submitted at least four (4) weeks before production begins).

Casting Diligence

Casting Notices, Applications & Releases

Prod Co must set accurate expectations with participants, beginning with casting. Casting notices and communications must be truthful and accurate, and the casting process must comply with AS Inclusion Policy and all applicable laws, including those relating to the protection of minors and data privacy. Prod Co is responsible for ensuring that casting personnel are adequately trained on best practices for communicating with potential participants. Prod Co must establish eligibility requirements and clearly set forth in public-facing casting materials. All public-facing casting materials (e.g., notices, applications, websites, casting releases) must be vetted by Prod Co’s counsel and approved by AS Legal prior to use.

Participant Agreements/Releases

Prod Co should clearly disclose to participants what is expected of them in connection with their participation in the show, including any anticipated risks (e.g., strenuous or hazardous activities, intrusive scrutiny into their past (including social media history), prior to the participant signing the participant agreement. Such disclosure should be communicated by Prod Co during casting and memorialized in the participant agreements.

Participants must be given sufficient time to review the participant agreement with their lawyers. Permissions for any medical evaluations, psychological evaluations, and/or background checks, including any necessary privacy notices/consents, must be included in the participant agreement.

Prod Co must comply with all applicable laws and ensure that all participants have the legal capacity to enter into a contract, including those with special considerations (e.g., minors, people whose primary language differs from the release, etc.). Participant agreements must be signed before diligence begins.

Diligence

Participants should be individually assessed on their suitability to participate. Please see Legal - Compliance - Background Checks, Medical and Psychological Evaluations for a detailed policy regarding diligence that must be completed for all participants.

Production / After-care

During Production

Prod Co is required to submit a proposed Production/After-Care plan to AS Legal for approval no less than six (6) weeks prior to the commencement of production. Prod Co should refer to the Health & Safety section if the show involves any dangerous or risky activities.

Prod Co should also consider implementing the following measures, as applicable:

• A participant handler to act as a singular point of contact with whom participants can interact from arrival through production and aftercare.
• DEI training (in addition to any required anti-harassment training).
• Social media training for participants.
• Cast and participant safety protocols that include general safety trainings and daily safety meetings.
• Psychological counseling is available on-site or on-call during filming.
• Protocols for monitoring participant prescription medication.
• Protocols for non-voluntary terminations/departures (including travel plans).

After Production

Prod Co is responsible for creating a Production/After-care plan considering each show's specific circumstances. If applicable, the plan may include the following after-care measures (note this is not a comprehensive list):

• Regular check-ins with participants by the participant handler or show psychologist up to/during/after launch
• Continued support available to participants for a set time period following the launch
• Establishment of a designated email address or other contact method (e.g., hotline) that remains available to raise concerns after the show has launched

Fair Editing/Fair Portrayal

While editing a show in a manner that truncates time periods or re-orders events for storytelling purposes is acceptable, provided the gist of the statement or events in the show are accurate, material facts should not be presented or omitted in a way that is unfair to an individual.

SAMPLE PLAN

Below is a High-Risk sample duty of care plan for reference. AS must approve all plans.

1. Legal Requirements

It is Prod Co’s responsibility that all contracts entered into in connection with an Amazon program comply with the following:

• a) all applicable laws and regulations,
• b) if applicable, guild and union rules,
• c) if applicable, the Amazon Business Affairs approved commercial terms,
• d) the terms of the service agreement between Amazon and Prod Co, including the Production Manual, also known as the Global Production Manual, (“Service Agreement Terms”),
• e) the terms set forth in the Key Legal Terms section, (“Key Legal Terms”),
• f) all other relevant terms and provisions (e.g., representations, warranties, indemnification, limitation of liability, insurance, tax, jurisdiction, general legal provisions, etc., collectively the “General Terms”).

Please ensure in-house legal counsel or Amazon Legal approved outside legal counsel specialized in local entertainment law (jointly “Production Counsel”) review and confirm compliance of all contracts entered into in connection with an Amazon program with these requirements.

2. Signed Agreement Policy

Amazon has a strict signed agreement policy and reserves the right to suspend funding in case of non-compliance with this policy. Signature of “deal memos,” “certificate of engagements,” “CANs,” or similar “short forms” is not sufficient. In all cases, the relevant agreements must be signed before services are provided, or work has begun. For example (the following is not an exhaustive list):

• all actors must sign their agreements before traveling, before a table read, or before appearing on camera, whichever date is earliest;

the applicable location agreement needs to be signed before use of the applicable location, Non-Disclosure Agreements (NDAs) must be signed prior to providing materials (e.g., script pages), etc.

Electronic signatures are acceptable to the extent permitted and enforceable under applicable local law.

All equipment and production-related materials rented or purchased must have an associated contract.

No contract should be signed and/or terms agreed upon prior to obtaining approval by the required Amazon approvers. See Amazon Approvals Matrix for more details.

3. Templates

Amazon Legal will provide an approved packet of Amazon templates for use by Prod Co. Amazon templates may still need to be tailored to the individual program’s requirements and the approved commercial terms, in which case Amazon Legal will review such changes to the extent required per the Approvals Matrix.

Use of non-Amazon templates by Prod Co is permitted if Amazon Legal pre-approves. In all cases, Production Counsel should review and confirm compliance of the template with the Legal Requirements.

4. Approval Matrix, Contract Negotiations & Key Legal Terms

Prod Co is responsible for drafting, negotiating, and closing all contracts per the following steps based on the templates above.

a) Amazon Approval Matrix

This table indicates the required Amazon approvers of production-related contracts.

b) Process for contracts requiring Amazon Legal approval as set forth in the Amazon Approval Matrix

•  I. Amazon Business Affairs must approve all commercial terms (e.g., fees, payment terms, profit participation, credits, options, exclusivity, marketing obligations, etc.) before sending them to the counterparty. Changes to the approved terms during the negotiations require Amazon Business Affairs approval.
• If requested by Amazon Legal, Prod Co to provide visibility overdrafts before sending them to the counterparty.
• Prod Co is responsible for negotiations.  Amazon Legal must approve any deviation from the Service Agreement Terms & Key Legal Terms.
• For General Terms, it is Prod Co’s responsibility to negotiate them autonomously without Amazon Legal team’s involvement. Any omissions, deviations, restrictions, or limitations are at Prod Co’s sole risk and expense; please consult with your Production Counsel and ensure AS legal’s approval.

For all other contracts:

• Prod Co is responsible for handling the negotiations without Amazon Legal involvement. Deviations from Service Agreement Terms & Key Legal Terms are not permitted.

II. With respect to General Terms, it is Prod Co’s responsibility to negotiate them autonomously without Amazon Legal involvement. Any omissions, deviations, restrictions, or limitations are at Prod Co’s sole risk and expense; please consult with your Production Counsel.

Key Legal Terms

Contracts should comply with the following Key Legal Terms below to the maximum extent legally permissible under applicable law and to the extent applicable for the respective contract. Discuss with Amazon Legal in case the Amazon Business Affairs approved terms conflict with the Key Legal Terms. All Amazon templates comply with the Key Legal Terms, but non-Amazon templates may need to be adjusted accordingly. Please consult with your Production Counsel.

5. Contract Language

If English is not the primary language of a contract, Amazon requires that certain contracts must be prepared in dual columns including both the local language and the English translation. Consult the AS Legal team. In any case, any translations should be coordinated/approved by Production Counsel.

6. Contract Delivery & Storage

Signed contracts should be delivered to Amazon as follows:

• All agreements should be collected by Prod Co and uploaded into a Legal Deliverables folder within Amazon’s delivery system (see Legal Deliverables section), as soon as possible after they are fully executed.

• All cast/crew, visitors, vendors, and background artists are required to sign a non-disclosure agreement (NDA) as part of their start paperwork and before being granted access to any production-related materials.
• If the long-form agreement signed by the service provider already contains non-disclosure terms and the agreement is signed prior to accessing any production-related materials, no additional non-disclosure agreement need to be signed. Otherwise, a stand-alone non-disclosure agreement must be signed.
• NDA Forms for each territory can be found attached below.

Prior to filming a scene with nudity, Sexual Content, or other forms of intimacy (including kissing) that is otherwise permissible under these guidelines, the Actor must be provided with a copy of the script in advance and consent to performing the scene. In addition, the performer’s agreement must contain separate provisions addressing the parties’ expectations regarding the filming of Sexual Content (as defined below) as approved by Amazon Studios Legal.

Sexual Content includes the below. Note, this is not an exhaustive list:

1. Simulated sex
2. Kissing on the body
3. Making out
4. Portrayal of contact with chest or genitals
5. Use of prosthetic genitalia or prosthetic breasts

All casting applications/notices/websites and any other public-facing casting materials must be approved by Prod Co’s (Prod Co) counsel and Amazon Legal (see Approvals Section below) before being published.

• In advance of casting, written eligibility requirements must be approved by the Production’s Counsel and Amazon Legal. Approved eligibility requirements must be set forth in public-facing casting materials.
• Casting materials and process (including, without limitation, any third-party casting websites used) must comply with Amazon's policies and all applicable laws, including applicable privacy laws
• Any use of Amazon’s name or intellectual property (including the name of the project or any associated intellectual property) in casting materials must be approved in advance by Amazon Legal, Amazon Creative, and Amazon PR and comply with the IP policy here: Legal - IP Management - Use of Amazon Logo).
• Any use of the name or likeness of any show talent in casting materials must be approved in advance by Amazon Legal, Amazon Creative, and Amazon PR.
• If including prizing information in casting materials, the prizing must be approved in advance by Amazon Creative, Amazon Production, and Amazon Legal.

Casting applications must include questions designed to vet for potential conflicts (e.g., disclosure of any pre-existing relationships between the candidate and anyone involved in the production, in particular, judges and hosts in unscripted competitions, quizzes, and game shows).

If some show aspects are unknown at the casting stage (e.g., host/judges not yet cast or cast but not yet publicly announced), candidates may complete the conflict questionnaires later. Still, all questionnaires should be completed and vetted by Prod Co’s counsel & Amazon Legal prior to final cast selection.

All quiz, game, or competition show elements, including the prizing, must comply with all applicable laws. The Prod Co must prepare a compliance plan for approval by Prod Co’s counsel and Amazon Legal during pre-production before any filming takes place.
Casting
The Producer is responsible for compliance with all requirements in the Casting - Compliance section of this manual. Pay special attention to the requirements applicable to quiz, game, and competition shows.

Prizing
Prizing must be determined in advance of production and approved by Amazon Creative, Amazon Production, and Amazon Legal prior to any announcement of the prize, whether in writing or verbal, including in any casting materials.

Consider the impact of any prizing on the eligibility requirements for participants (i.e., all participants who are competing for a prize must be legally eligible to win the prize).

Rules

Series Rules and individual challenge or game rules (as applicable) must be drafted by ProdCo’s counsel and approved by Amazon Legal in advance of production.

• Rules should clearly set forth the prizing, criteria for winning/eliminations (as applicable), and any other information relevant to how the competition works. Participants must be briefed on the rules and given an opportunity to ask questions.
• All participants must provide acknowledgment, in writing (e.g., a signed copy of the rules), of receipt of the rules for the overall series as well as individual games and challenges. Acknowledgment must be provided in writing (e.g., a signed copy of the rules) in advance of commencing any applicable game or challenges. If Prod Co plans to obtain acknowledgment in any form other than by signed writing (e.g., filmed acknowledgment) in advance of the challenge or game, please prepare a written acknowledgment plan for approval by Amazon Legal.
• Any modifications to the rules must be vetted by Prod Co’s counsel and approved by Amazon Legal in advance of implementation.

Game Materials

If game materials are involved (e.g., questions and answers), the materials must be reviewed and approved by Prod Co’s counsel and Amazon Legal. In some instances, Amazon may require additional review and approval of game materials by a specialized third-party compliance company. Plans for the security and randomization of game materials and compliance vendors must be vetted by Prod Co’s counsel and approved by Amazon Legal.

Amazon Legal requires that certain diligence is conducted regarding performers and crew members prior to engagement. Required diligence may include background checks, medical evaluations, psychological evaluations and social media checks, in each instance to the extent permissible under applicable local law. This is not a comprehensive list of factors.

• Background checks:
  • For unscripted programming: Scenarios in which participants live together; high stress environments (e.g., competition shows with high value prizes); creative involving potential confrontation, conflict, or emotionally challenging situations; high-profile shows with extensive media attention; interaction with celebrities or other high-profile talent.
  • For all programming: Background checks must be conducted for any cast and crew that will be working with or in close proximity to any minors, with the list of such individual crew members to be approved by AS Production Executive and confirmation of background checks by AS Legal.
• Medical evaluations:
  • For unscripted programming: Where participants live together or are likely to engage in intimate activities, medical evaluations should be performed and should include testing for STDs and other communicable diseases.
  • For all programming: Demanding physical activity or any highly stressful physical situations (e.g., extreme weather). This includes stunts in scripted and unscripted programs.
  • Choice of Physician: Whether the medical evaluation should be performed by the talent’s physician or an independent physician engaged by the Prod Co will depend on the severity of the physical activity and stress level required of the participants, as well as any relevant insurance requirements. The Prod Co should make a determination and consult with Amazon Legal for approval regarding proposed selection of physician.
• Psychological evaluations:
  • For unscripted programming only: Scenarios in which participants live together; high stress environments (e.g. competition shows with high value prizes); creative involving potential confrontation, conflict or emotionally challenging situations; high profile shows with extensive media attention; programs where participants might be removed from their family or social network for an extended period of time.

This is not a comprehensive list of factors, and Prod Co and Prod Co’s counsel is responsible for evaluating the applicable show and proposing a diligence plan to Amazon Legal. Once the plan is approved, copies of all evaluation results must be sent only to Prod Co’s counsel and Amazon Legal through a secured method for assessment (i.e., not included with any other production deliverables). Handling and retention of evaluation results by Prod Co must comply with all applicable privacy and data protection laws as well as the General Data Protection Regulation section of the Production Manual (see Legal - IP Management - General Data Protection Regulation).

Any individual who was subject to a diligence review must also be approved by Prod Co’s counsel, Amazon Creative, and Amazon Legal in order to move forward. Amazon Legal has absolute discretion to approve or deny the casting of any individual who was subject to a diligence review for any reason.

 Amazon Legal must approve vendors for medical evaluations, psychological evaluations, and background checks before engagement. Consult the applicable Country Addendum to this Production Manual for a list of pre-approved vendors for your country. 

Amazon’s pre-approved global vendor for background checks is:

Edward Myers

888-885-3023

myers@myersassociates.net

Amazon takes very seriously the use of any hidden camera or audio recording device. A “hidden camera” includes concealed cameras as well as any “fixed rig” cameras that might be located in places that cast and participants in unscripted programs would not necessarily expect or be aware of without a specific disclosure.

• Any plan to use hidden cameras or other recording devices must be reviewed and approved by Prod Co’s counsel and Amazon Legal prior to implementation. Please provide Amazon Legal ample advance notice to review any such plans.
• In general, the existence and location of any hidden cameras or audio recording devices must be clearly disclosed to the talent and requires the talent's express consent. Such disclosure and consent can be obtained either by (1) a taped tour showing the talent the existence and location of the cameras or recording devices and (2) in written form if the location is clearly disclosed in the form.
• Use of hidden cameras and audio recording devices is illegal in many jurisdictions.

Amazon requires that an intimacy coordinator be engaged for any programs with scenes involving nudity, intimate scenes, or other potentially sensitive material (e.g., sexual assault, rape, etc.). An intimacy coordinator is (1) a liaison between actors and production, a (2) movement coach and/or choreographer for scenes involving intimacy or nudity, and (3) an advocate for performers. ProdCo must contact Amazon Legal and Amazon Production to discuss engaging a certified intimacy coordinator well in advance of filming the relevant scenes.

Standards & Protocols: The following are the key areas of expertise that are recommended for this position. Please refer to the glossary below for the definition of the terms within these standards:

• Awareness of on-screen sexual and intimate storytelling.
• Movement coaching, safety in facilitating physicality of scenes, and masking techniques.
• Knowledge and collaboration regarding use of modesty garments and barriers for safety, comfort, and sexual health.
• Navigation of on-set culture and understanding of on-set etiquette.
• Knowledge of boundaries, consent, and anti-harassment.
• Awareness of gender and sexual diversity and the presence of power dynamics.

No simulated sex of nudity in initial auditions or screen tests.

A Nudity / Simulated Sex Rider must be negotiated and signed by the Actor and reviewed by the intimacy coordinator, director, and actor prior to the filming of any nude and/or simulated sex scenes. (See the Legal - Contract - Nudity Riders).

Best Practice is to be followed and includes, but is not limited to the following:
Pre-Production

• Nudity and Sexual Content should never be filmed unless Amazon Studios Legal and Content Standards has provided prior written approval that such scenes may be filmed.
• Identify all scenes with nudity, intimacy, sensitive content (such as sexual assault, even if fully clothed and no sex).
• Notify Amazon Production and Amazon Legal of scenes and begin engagement of intimacy coordinator.
• Interview and review qualifications of intimacy coordinator.
• Connect the intimacy coordinator to the production team and casting directors to communicate the needs of performers.

On Set

• Obtain acknowledgment by all cast and crew that intimacy coordinator has authority to ensure protocols and policies are met
• Establish boundaries, including an agreed strategy to halt the action where necessary.
• Employ a closed set protocol (as further described below) when filming intimate scenes, giving consideration to gender parity of the crew (i.e. female vulnerability in a heterosexual or lesbian intimate scene with an all-male crew.) This includes: no cell phones, no additional monitors, and no non-essential photos, ensuring appropriate wardrobe and safety coverings are available, etc. Always use patches or modesty barrier.
• Ensure intimacy coordinator has had the opportunity to:
  • Meet with all crew and performers who will be on set when the set is closed to establish clear expectations;
  • Review all health and safety equipment and modesty garments;
  • Facilitate intimacy choreography and assure continued consent;
  • Oversee and manage the closed set protocols along with the 1st Assistant Director.
  • Minors may not be present on set during the filming of sensitive content.

Post Production

• Ensure sensitive scenes are stored securely and accessed by authorized personnel only. Dailies of scenes with sensitive content may not be distributed beyond the director, showrunner (for television), lead producer (for movies), and Amazon Creative Lead[MB1], and any unused footage from a sensitive scene involving Sexual Content should be securely stored and encrypted.

• All Prod Co personnel must conduct themselves in the best interest of the Program and avoid any conflict, or the appearance of conflict, between their personal interests and those of the Program.  Conflicts of interest arise when personnel’s objectivity in reaching decisions for the Program is, or appears to be, affected by the interests of personnel or personnel’s immediate family.
  • If unsure whether or not something is a conflict of interest, please consult with the Prod Co Outside Counsel who will consult with Amazon Legal.
• No production personnel should have any financial interest in the subject matter of the program or any financial or other relationship with persons appearing on the program except as disclosed to Amazon Studios Legal and approved in advance of final delivery and telecast

Prod Co must comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws, and economic sanctions programs, including, without limitation, those implemented by the United States Office of Foreign Assets Control and any sanctions applicable under EU Commission laws and regulations.

Prod Co must also comply with all applicable laws, regulations, rules and guidance relating to tax evasion and tax evasion facilitation, including  the UK’s Criminal Finances Act. If ProdCo is investigated by or on behalf of any governmental, administrative, or regulatory authority anywhere in respect to tax evasion, notify Amazon as soon as reasonably practicable. You warrant that you currently have and shall maintain reasonable prevention procedures to comply with the UK’s Criminal Finances Act (to the extent applicable). You agree to ensure that any of your agents, subcontractors, or other persons engaged in the performance of your obligations do so only on the basis of a written contract with the same embargo, sanction, and anti-tax evasion requirements as outlined here. 
 
For further details on the Criminal Finances Act, click here: CFA.docx

Any contemplated in-program use of internet, telephone or other interactive voting or polling or use of audience paid telephone call-in or other paid voting systems (where a charge is assessed to the voting party) must have prior approval from Amazon Studios Legal. Additional requirements may be imposed on such arrangements including tabulation of voting/polling by an independent third party.

Overview

This policy applies to the following placements included during production: (i) product placements (i.e., accepting or agreeing to receive payment or other valuable consideration (such as marketing support) in exchange for including or referring to a particular product, service or brand/trade mark within a film, series, or other audio-visual content) and (ii) unpaid placements (also known as “prop placements” or “trade outs”), including wardrobe, travel, accommodation, locations, and props, where the value of all prop placements by a single brand exceeds USD $10,000 or local currency equivalent (such significant-value unpaid placements together with product placements, collectively “Placements”). 

This policy also applies to sponsorships, which refers to a company or person contributing to the costs of a production or an event (other than through any Placement(s)) for the purpose of promoting that sponsor’s or another’s name, brand, image, activities, products, or services (collectively, “Sponsorships”).

Prod Co is responsible for ensuring that all program content and materials will not infringe on the personal rights of any individual, living or deceased. These rights may include rights of publicity, privacy, honor, and repute, however identified under applicable law. At a minimum, any potential claims should be evaluated under the law of the jurisdiction in which the individual resides or resided, where they were deceased, the law of the country in which the content is produced, and the law of the country where the content is primarily intended to be marketed.
 
For projects that are based on or inspired by real people (including all unscripted projects) or characters based on real people, Prod Co’s counsel is responsible for briefing Amazon Legal on any potential risks and proposed creative parameters for risk mitigation.

Prod Co is responsible for ensuring that all program content and materials are cleared for use in all media worldwide, in perpetuity, on a full buyout basis, except as pre-approved in writing by Amazon Legal. Please carefully review Amazon Legal’s Clearance Guidelines in the Working with Amazon section above. Clearance Guidelines set forth Amazon Legal policies pertaining to clearance issues, including, by way of example, clearance processes, copyright and trademark review standards for various intellectual property categories, competitive product prohibitions, location agreements, music clearance considerations, and personal information.

Films/Series:

© [YEAR OF PUBLICATION] Amazon Content Services LLC

Film Scripts:

© [YEAR CREATED] Amazon Content Services LLC. All Rights Reserved.

This material is the exclusive property of AMAZON CONTENT SERVICES LLC OR ITS AFFILIATES and is intended solely for the use of its personnel. No portion of this script may be performed, or reproduced by any means, or quoted, or published in any medium without prior written consent of AMAZON CONTENT SERVICES LLC.

From time to time, Amazon Legal receives requests to use Amazon logos or trademarks in productions. Please contact us if the production is interested in using any AS marks in the production (including set dressing, dialogue, or Amazon offices). 

If the production is co-owned or licensed, a trademark license may be necessary. For all productions, the IP Legal point of contact can help vet the use and set up guardrails, if necessary.

If Prod Co utilizes the services of any cast member or other personnel who is a minor (i.e., an individual under the age of 18 or under the age of majority in the applicable jurisdiction), Prod Co must ensure compliance with the NCPCR Guidelines, applicable child labour laws and all applicable laws or other requirements for working with minors.