Dale Nelson Joins the Filmmakers Academy Podcast to Analyze the Complexities of Modern Filmmaking
Dale Nelson recently appeared on the “Filmmakers Academy Podcast,” where she delves into the nuances of copyright and trademark law for filmmakers. In the episode, entitled “Finding the Frame – Unraveling Hollywood’s Legal Web (feat. Dale Nelson),” she walks host Chris Haigh through a behind-the-scenes look into the world of clearance legal and offers filmmakers advice on how to navigate this complex landscape.
Drawing on her experience as former VP of Intellectual Property at Warner Bros., Dale explains how iconic IPs – including the Harry Potter franchise and its new series slated to hit HBO in 2027 – are legally safeguarded through trademark and copyright protection.
“Every little symbol, every character name, will have its own portfolio of trademark registrations,” she explains. “So Hogwarts, there will be copyrights attached to that for the visual expression of Hogwarts Castle and all the things in it. But there will also be trademark registrations around the words – protecting the name ‘Hogwarts,’ all the house names, ‘Ravenclaw,’ ‘Gryffindor,’ etcetera – and that’s to protect all the businesses.”
Dale adds that this protection is also in large part due to consumer products, as many enthusiastic fans want to create unofficial merchandise inspired by the books, movies, or series. She shares that studios like Warner Bros. must communicate with fans to draw a fine line between enthusiasm and piracy so as to protect their brand while also ensuring respect for its fanbase.
Dale goes on to unpack the evolution of fair use, and encourages all aspiring filmmakers and documentarians to consult legal counsel in order to ensure their work falls under fair use guidelines and secure E&O insurance.
“Assuming we believe everything is legally sound, we’ll write an opinion letter and sometimes put the client in touch with an insurance broker if they don’t have one. Then they get a policy and away they go.”