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Copyrighted Material
As a general rule, if you did not create it, you probably need permission to use it.
Copyright law protects original creative works, including music, films, television programs, photographs, artwork, books, scripts, recordings, choreography, graphics, software, and many other forms of creative expression. Unauthorized use of copyrighted material may prevent your project from being exhibited publicly and could expose you to legal liability.
While copyright laws vary depending on the type of work and date of creation, protection generally lasts for many decades. Do not assume that material found online or on social media is in the public domain or free to use. Whenever possible, create your own original content or obtain properly licensed materials before including them in your production.
General Recommendations
To avoid copyright problems:
- Create original music, artwork, graphics, and photographs whenever possible.
- Use fictitious company names, products, logos, and brands whenever practical.
- Obtain written permission before using copyrighted materials.
- Keep copies of all licenses and permissions in your production Wrap Book.
- When in doubt, assume permission is required and consult Production Services.
Film and Television Clips
Using clips from movies, television shows, online videos, or streaming content generally requires permission from the copyright owner.
Obtaining these rights can be expensive and time-consuming and may involve multiple copyright holders, including production companies, studios, music publishers, composers, performers, and distributors.
Because of these complexities, students are strongly encouraged not to use copyrighted film or television clips unless all necessary permissions have been obtained.
Music
Music is one of the most common copyright issues encountered by student filmmakers. If you use commercially recorded music, you will generally need both:
- A Synchronization (Sync) License for the musical composition.
- A Master Use License for the specific recording.
If you commission original music, obtain a written agreement from the composer specifying ownership and the rights granted to your production. More information on Licensing is the
Whenever possible, consider using:
- Original compositions
- Royalty-free music libraries
- Public domain music
- Properly licensed Creative Commons music (while complying with all license requirements)
Still Photographs
Photographs are protected by copyright. To use a photograph legally, you may need:
- Permission from the copyright owner.
- A model release from recognizable individuals appearing in the photograph, when applicable.
Artwork
Paintings, drawings, sculptures, murals, illustrations, and other artwork are protected by copyright. If artwork appears intentionally or prominently in your production, written permission from the copyright owner may be required.
Stock Footage
Professional productions frequently license stock footage, photographs, graphics, sound effects, and music from commercial libraries. Numerous reputable companies offer properly licensed stock media suitable for film productions. Some also provide free content under specific licensing terms. Always read and comply with the license agreement before using any stock asset. “Free” does not necessarily mean unrestricted or appropriate for commercial distribution. Many stock footage companies are listed here in the LA411 website which is a film and production directory for Los Angeles. Companies do charge for this service, and the rates vary greatly.
A few of the better-known companies are:
Producer’s Library | stock footage and movie clips
Warren Miller Entertainment | (303) 442-3430 | adventure / action sport
The Bridgeman Art Library | (212) 828-1255 | fine art images
Pexels | Free
Pixabay | Free
Motion Array | $20+/month
Storyblocks | $15+/month
Artgrid IO | $20+/month
Coverr | Free+
Public Domain Materials
Works in the public domain are generally free to use because copyright has expired or never existed. However, determining whether a work is truly in the public domain can be complicated. Verify the copyright status before incorporating public domain material into your production.
A great resource for archival footage is the Internet Archive.
The Internet Archive houses thousands of films from The Prelinger Archives, which is an immense collection of ephemeral films, often home movies, shot on film in the US, throughout the 20th century.
More information on where to source audiovisual materials that are in the public domain can be found here.
Appropriation Art and Transformative Works
Many contemporary artists build upon existing works to create something new. This practice is often referred to as appropriation art or transformative use. Simply copying or making minor changes to another person’s work is generally not sufficient to avoid copyright infringement. The more a new work transforms the original by adding new meaning, expression, or purpose, the more likely it may qualify as fair use. Even then, there is no guarantee.
Artists freely admit being influenced by other artists—but students should be aware of the distinction between copyright violation and creative appropriation. For more information on copyright violation, check out this article.
If your project intentionally incorporates another artist’s work, the safest approach is to obtain permission whenever possible. If permission cannot be obtained, consult Production Services before relying on a fair use argument.
Copyright law is complex, and every production is different. If you have questions regarding copyrights, licensing, trademarks, or intellectual property, seek guidance before filming rather than after your project is completed.
For more information on avoiding copyright infringement, check out this article.
Fair Use
Fair use is a limited legal exception that allows certain uses of copyrighted material without permission. It most commonly applies to criticism, commentary, news reporting, teaching, scholarship, research, and parody.
Fair use is not determined simply because:
- your project is educational,
- your project is non-profit,
- you include a copyright disclaimer, or
- you only use a small portion of the work.
Courts evaluate fair use on a case-by-case basis using four primary factors:
- The purpose and character of the new use, including whether it is transformative.
- The nature of the copyrighted work.
- The amount and substantiality of the portion used.
- The effect of the new use on the market for the original work.
Because fair use is a legal defense, not a permission, and its application is highly fact-specific, students should never assume their project qualifies without careful consideration.
Courts have laid out four things to consider when determining whether a work falls under the fair use exception:
- Example of a copyright disclaimer – “Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.”
- Commercial use. Courts consider whether the appropriation of the artwork creates a commercial benefit for the new artist. It’s one thing to take a piece of art and alter it and hang it in your own home and another thing to appropriate it and then sell it for millions of dollars.
- Nature of the work. Courts consider the nature of the new work. In the case of appropriation art, the new work is generally another piece of art.
- Amount of use. The amount of the original art that is used in the appropriation piece is also considered. If an artist took an existing photograph, cut out a section, and used it in their own new work, the amount of use is small. However, if a 20-square-foot photograph is used as the basis for a piece of art in which it is painted over, most or all of the work is used.
- Effect on the market. This factor looks at how the new use of the work affects the original work’s market value. If the new work is truly transformative, it should have little or no impact on the original work’s value. For example, if an artist makes T-shirts with their own designs, then a second artist takes those T-shirts and adds sequins in a few places, the sale of the sequined shirts will likely impact the sale of the original shirts because it is not transformative. This is the most important factor to consider when evaluating appropriation art.