This sample?Film – Licence to Use Artwork?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. It can also apply to artwork used as part of your advertising and design of the title and credits in your film.
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 Arts Law 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 to. 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, 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 commissioned to produce an artwork for the film, a commissioning agreement may be more appropriate.