CHAIN OF TITLE SUMMARY AND AFFIDAVIT

Updated: Nov. 1, 2025

1. What is it?

A Chain of Title Summary and Affidavit is a sworn statement—typically signed by a producer or rights holder—that provides a chronological outline of how the rights to a film or audiovisual work were acquired and confirms that the signer believes they hold all the necessary rights to legally exploit the property. It is a critical component of the legal delivery process, often required by distributors, financiers, sales agents, and insurers. The affidavit does not itself transfer rights (unlike an assignment), but it attests that the rights have been lawfully obtained and the chain of title is complete, unbroken, and free from disputes. It helps confirm that the project won’t face copyright or contractual claims after release.

2. Who is it for?

This document is primarily used by rights holders preparing a film for production, financing, sale, or distribution. It’s typically signed by the producer or production company and submitted to third parties as evidence of clean legal ownership.

Essential for the following parties:

• Independent producers delivering a film to a distributor or sales agent

• Production companies preparing for E&O insurance or financing

• Film attorneys conducting chain-of-title review

• Distributors and streamers requiring documentation for acquisition

• Financiers and equity investors needing IP certainty

• Completion bond companies evaluating project risk

3. What does it include?

The document contains a detailed chronological breakdown of all rights transfers or assignments leading up to the current owner (the “chain of title”), followed by a sworn affidavit attesting to the accuracy and completeness of the information. It typically includes copyright registrations, option or purchase agreements, assignments, life rights agreements, collaboration agreements, and any underlying materials (e.g., if based on a book, article, podcast, or true story). It is often formatted as a two-part document: Part I – Chain of Title Summary and Part II – Affidavit.

Key Sections Typically Include:

Part I – Chain of Title Summary

• Title of the Work

• Summary of Rights Origin

  • Author or original creator

  • Copyright registration details

  • Work-for-hire relationships

  • Underlying IP (book, article, podcast, life rights)

• Chronological Record of Agreements

  • [Date] — [Agreement Type] — [Parties]

  • [Date] — Assignment of rights from [Party A] to [Party B]

  • [Date] — Writer Agreement (WGA if applicable)

  • [Date] — Underlying Rights License (e.g., book option agreement)

  • [Date] — Work-for-Hire Agreements (e.g., for co-writers, editors, consultants)

  • [Date] — Final Assignment to Production Company

Part II – Affidavit

• Affirmation of Ownership and Rights

  • Lists all writers on the project

  • Declarant swears that the information above is true and complete

  • Asserts full legal rights to produce and exploit the work

  • Asserts that the property is an original work

  • Confirms cast and crew were all work-made-for-hire or have assigned rights

  • All payments to secure chain of title have been made

• Signature and Notarization

  • Signed by declarant (typically a producer or company principal)

  • Includes date, printed name, title, and notarization block

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