Artwork Reproduction Licence for Film

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20 pages

This sample Artwork Reproduction Licence for Film is for use when a film producer wants to use an existing  artwork in a film. The artwork may be a painting, poster, mural, map or possibly even designs for a set. If you are unsure, you can contact Arts Law.

Although the Copyright Act provides a defence to copyright infringement where there is an incidental use of an artwork in a film or television program, the scope of the defence is uncertain. If the use of the artwork is prominent or the camera focuses on it, even as a background feature, you may need to obtain permission to include it in your film. If in doubt contact your solicitor or the Arts Law Centre of Australia for advice.

This sample agreement includes the most common terms that the producer and the owner of the copyright in the artwork (who may be the artist) or an appropriate licensee of this copyright owner need to consider and agree on. It involves a licence (or permission to use) rather than an assignment, of copyright. If the artist is an employed or contracted member of the cast or crew of the film then it may be more appropriate to use Arts Law’s Cast and Crew Agreement as a base for your agreement. Similarly, if the artist is to be commissioned to produce an artwork for the film, a commissioning agreement, rather than this sample agreement, would be more appropriate.