Copy That! Or Don't?
Copyright issues related to showing artworks, books, brands and products on film and TV can be complex, and should always be discussed with the production team to avoid infringing on copyright belonging to other creators or organisations.
In many instances your production will need to obtain a clearance to show artworks, books, and branded products on screen if you did not create them yourself, and especially if they are featured. This is generally done by contacting the copyright holder. The copyright holder is not always the person or company who created the item, i.e. in many cases if a work is created under contract, the employer generally holds the copyright.
Australia does not have an official register for copyright holders, so it can take some digging to determine who holds copyright for a specific work. For American works, the Library of Congress holds Copyright Registrations that were officially registered going back to the 1800s.
Below are some links to general information about copyright law that you may find helpful, published by the Australian Copyright Council and ArtsLaw.com.au.
Info Sheet: Using Brands & Products On Screen
Info Sheet: Copyright in Fashion & Costume Design
Info Sheet: Permission- How To Get It
Info Sheet: Artworks & Getting Permission
This information is factual in nature. The information and links provided in no way constitute legal advice, and should not be used in place of independent legal advice.
The Department of Art: Prop and Costume House offers no legal releases or clearances for any items in our catalogue.
It is your productions’ sole and exclusive responsibility to determine if a release or other legal clearance is necessary for your intended use and the release you may need.
It is your productions’ sole and exclusive responsibility to obtain its own independent legal advice about any legal release and clearance requirements and issues.