Alternative production legal guidelines

In creating content for exhibition on Roku, there are a few guidelines that the Roku Production Legal team would like you to keep in mind. As a reminder, we expect you to retain your own production legal counsel to represent your interests, as the Roku Production Legal team represents Roku. Please review these guidelines with your legal counsel. If you have any questions or concerns after reviewing, let’s set a time to discuss.

Please reach out to Roku Production Legal for approval before engaging in any of the following:

  • Product Placement and Trade Outs – Product placement and trade outs may be allowed at Roku’s discretion. Please inform Roku Production Legal of potential product placement and/or trade outs in advance so that we can discuss and provide our “Trade Out Request Form."
  • Diligence - Prior to engaging in any diligence on talent or crew (i.e., background checks, medical examinations, psychiatric/psychological counseling/testing), please discuss with your legal counsel and provide your diligence plan to Roku Production Legal for approval.
  • Clearances - It is your responsibility to obtain all necessary clearances for the production, synchronization, exhibition, performance, distribution, marketing, and exploitation of the content by Roku, including musical compositions and sound recordings contained therein (except for public performance rights). Any potential third-party contractual restrictions that could impact Roku’s rights must be approved by Roku Production Legal in advance.
  • Music – Roku distributes content worldwide. Music should be cleared in perpetuity (or for licensed projects, the full length of the license), and allow for in-context promotional use, unless approved in writing by Roku Production Legal. Please only source music that is covered by the following PROs: BMI, ASCAP, SESAC, and GMR.
  • Talent Approvals and Restrictions – When negotiating Talent deals, please advise Roku Production Legal of any restrictions Talent wishes to place on Roku’s ability to exhibit, market or promote such Talent.
  • Unions/Guilds - If the Series is produced on a guild/union-covered basis, please reach out to Roku Production Legal to discuss the guild/union classification of the production.
  • Contests, Sweepstakes or Competitions - Please discuss with Roku Production Legal prior to including any of these items in creative content. For competition shows, all rules must be approved by Roku Production Legal in advance.
  • Insurance - Roku’s insurance requirements are included in the Indemnity Agreement or Standard Terms and Conditions negotiated by your legal counsel. Please send Certificates of Insurance to Roku Production Legal for approval.
  • Casting Notices - Roku is committed to diversity in all of its productions. Casting notices should solicit people of various ages, ethnicities, and socio-economic backgrounds to apply. Please note that certain characteristics are protected by anti-discrimination laws (e.g., age, race, religion, etc.), and generally should not be referenced in casting notices unless central to the core creative of a production. If necessary to include, consult with your legal counsel on how to do so appropriately. Reminder - please do not include the Roku name or logo on casting notices, unless approved by Roku Production Legal.
  • Talent - Please make sure all talent sign their agreements/releases prior to appearing on camera. If for any reason you think this will not occur, please give Roku Production Legal a heads up. Please reach out to Roku Production Legal before giving talent the right to dub their voice in another language. For each talent agreement, please provide Roku Production Legal with a written summary of any approvals, restrictions, or requirements that may impact Roku’s marketing, publicity or promotional activities.
  • Identifiable Brands - Roku does not generally restrict the appearance of branded products or services in content - there is no need to use only generics or mask/blur brands; however, if you wish to include any identifiable brand in “hero” shots, please raise to Roku Production Legal.
  • Charities - If you plan to highlight a charity in a production (e.g., have someone sponsor/donate/call out for donations to a charity), please have your counsel confirm the tax-exempt status of the charity and inform Roku Production Legal in advance.
  • Smoking - It is Roku’s policy to not show anyone smoking tobacco or electronic cigarettes on camera. This is of particular concern for talent/participants who are minors. If it is considered critical to the creative of the program for a particular individual to be shown smoking, please discuss with your Roku Production Executive.
  • Safety/Respect in the Workplace - Roku is committed to supporting safe and respectful work environments. Please consult with your legal counsel to ensure that your production adheres to required health and safety practices and is in compliance with all applicable workplace regulations, including any state-required sexual harassment training.
  • Titles and Fair Use - Roku expects content titles to be cleared for exhibition, marketing, and promotion on and in connection with the Roku platform. Please keep Roku Production Legal informed of any “fair use” content within the Series. Proof of bound E&O coverage, including title and fair use, should be provided to Roku Production Legal.

Compliance with all laws

Federal, state and local laws (including laws of foreign countries, if applicable) should be respected at all times in creating content for Roku. As a reminder, the following each raise unique legal concerns when producing content:

  • Filming with children - Laws prohibiting child porn, permitting requirements, court-approval of minor contracts, and safety issues may all be relevant to your production.
  • Filming with politicians or government officials - Federal and state rules regarding the payments/gifts to candidates or public officials can arise during production (e.g., talent fees for an appearance could equal a campaign gift).
  • Filming with medical professionals (e.g., doctors, nurses, therapists) - You may need to obtain special HIPPA releases in connection with filming.
  • Filming potentially illegal conduct (e.g., marijuana use/sales, minors smoking, etc.) - A variety of laws and regulations can be implicated when filming such activities depending on the jurisdiction.
  • Shooting a ride-along with law enforcement, emergency personnel, or firefighters - Both safety concerns and tort liability risks can arise during such shoots.
  • Use of hidden cameras or private investigator - State-by-state and country-specific regulations related to recording individuals without their consent may be relevant to your production.
  • Emergency Action System tones (actual or simulated) - The transmission of EAS alarm tones, under any circumstance other than a genuine alert or authorized test, violates Federal law. The FCC has issued large fines related to the exhibition of content including the EAS tone.
  • Filming with drones - In the United States, FAA regulations govern the use of unmanned aerial vehicles (UAVs) for commercial filming and various international jurisdictions have similar regulations and permitting requirements.

Please raise any applicable concerns with your legal counsel - preferably in advance of filming!