Copyrighted Material

There must be written consent from authors, creators, and writers of all material – including quotations from copyrighted works used in the production – authorizing the use of that material. As of this date, copyright protection extends for the life of the artist – or copyright holder – plus 70 years. In the case of copyrights owned by corporations, the protection lasts for 95 years. 

We recommend that you avoid using copyrighted material. Getting the appropriate permissions takes a lot of time, costs more than a student film can generally afford, and may require legal counsel. Consider using fictitious names, companies, and products whenever possible to avoid problems.

Film / Music Clips

You must obtain permission from the company that owns the film or music clip. Remember that the material may have changed ownership since its original release or showing. If you were to get clearances on your own, you would probably need to obtain releases from the Writers Guild, the Screen Actors Guild, the Directors Guild, the American Federation of Musicians, as well as any other group that participated in the origination of the clip. Be aware that there is often a charge for these releases. If the clip is from a home movie or other non-commercial production, it may also be necessary to get permission from the people who appear in the clip. Clearances of clips involving music can be even more lengthy and complex – and expensive.

Still Photographs

To use a photograph, you need the permission of the copyright holder and a release from the person(s) in the photo if not previously granted.

Artwork

You need the written consent of the owner of a piece of artwork to use that material in your film.

Stock Footage

The solution often used by professionals is to use stock footage. There are a great many companies that provide not only film clips but also photos and artwork that are cleared. 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 

Getty Images 

Pexels | Free

Pixabay | Free

Motion Array | $20+/month

Storyblocks | $15+/month

Artgrid IO | $20+/month

Coverr | Free+

You can also use archival footage available on 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.

Fair Use/Appropriative Art

In the genre of art known as appropriation art, artists intentionally take another artist’s work and change, build on, or modify it in their own work. The famous Campbell’s soup art by Andy Warhol is an example of appropriation art. Campbell owns the image on the can labels. Warhol took that image and incorporated it into his own work, creating something new and unique.

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: https://www.legalzoom.com/articles/what-you-can-do-when-someone-steals-or-misuses-your-photos 

Fair Use Exception

One exception to copyright laws is fair use. Several types of fair use allow an artist to use another’s copyrighted work. One common example is parody. Weird Al Yankovic has based his career on taking well-known songs and creating parodies, his own funny versions of the songs. This is one example of fair use. Other examples include news reporting, research, and criticism in which part of the original work is repeated. Appropriation art can also sometimes be considered fair use.

Courts have laid out four things to consider when determining whether a work falls under the fair use exception:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.”

Guidance for Appropriation Artists

If the student is an artist who wishes to appropriate someone else’s art into their own work, the first thing they should do is reach out to the artist and ask permission. The artist may grant them permission or may be willing to license the work for a small fee. This can help the student avoid  any legal challenges.

If the student does not get permission, the best bet is to make sure that their use of the original work is truly transformative. For example, if they took a copy of a Jackson Pollack painting and placed it on the floor, and created an interactive display of laser lights on the ceiling as an art installation, they aren’t doing anything at all to actually transform the painting.

However, if the student took the same painting and sliced it into one-inch pieces, and used a papier-mâché technique to create a polar bear out of them, that would completely transform the work. The more transformative the new work, the more likely it is going to be considered fair use if there is a legal challenge.Artists have always been influenced by others’ art. Making sure the work truly creates something new out of the old work is the key to avoiding a copyright infringement issue. For more information on avoiding copyright infringement, check out this article: https://www.legalzoom.com/articles/how-to-avoid-copyright-infringement.