Sample Agreement

Film - Licence to Use Artwork

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.

This agreement can also be purchased as part of the Film/Video Sample Agreement Packs Option A - Low Budget or Option B - No budget.

Artists
Artists/Arts Orgs (word-editable) SUBSCRIBERS
DISCOUNTED PRICE
$60
Artists/Arts Orgs (word-editable) NON-SUBSCRIBERSSubscribe for Discount $80
Lawyers
Lawyer WORD (editable) SUBSCRIBERS
DISCOUNTED PRICE
$350
Lawyer WORD (editable) NON-SUBSCRIBERSSubscribe for Discount $500

All prices are in Australian dollars and include GST

Please note: You must agree to our terms of use when purchasing and using these agreements. Read our full terms and conditions.

When an agreement is purchased it will be available for download from 'Your Account' for a period of 2 years from the date of purchase. Once this 2 year period has expired it will no longer be available for download.

Educational institutions (eg schools, universities, tertiary colleges) intending to provide these documents to students must purchase the number of copies/licences needed in order to provide each student with a copy. If you require multiple copies it may be worthwhile subscribing to Arts Law.

Organisations may use this document for internal use on multiple occasions but must purchase multiple copies/licences if intending to provide the document to your members or clients.