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Visual Artwork in Film and Television

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On the Art Licensing Blog, artist Paul Brent tells the story of how his artwork made an appearance on this week’s episode of Hawaii Five-O.

In his interview with Tara Reed, Paul wonders whether video production companies must ask artists permission for the use of their artwork. The answer is yes! The Copyright Act protects visual artwork just as it protects songs, films, books, and other creative materials.

Production companies that use artwork in a production without the artist’s permission can certainly be sued for copyright infringement (if the use does not qualify as a fair use). One of the best known cases is contemporary artist Faith Ringgold who sued after a poster of her Church Picnic Story Quilt appeared as part of the set decoration in an episode of the sitcom Roc. Even though the poster appeared for a total of less than thirty seconds, the court said it wasn’t a fair use. The parties ultimately settled without a trial.

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2 responses to “Visual Artwork in Film and Television”

  1. A. Garfield Avatar
    A. Garfield

    You state in the Ringgold v. BET matter that “The parties ultimately settled without a trial.”
    However, trial court granted summary judgment for defendant on grounds of fair use defense. Ringgold appealed. The decision – reversed and remanded.

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  2. Joy R. Butler Avatar
    Joy R. Butler

    Yes, my statement is correct. The parties did settle without a trial. Summary judgment means that the court decides the outcome of the case without a trial (or at least without a full trial) and based solely on the parties arguments and the documents provided during the discovery process. Summary judgment often involves a hearing at which the parties present arguments to the court as to why or why not summary judgment should be granted.
    After Ringgold won reversal and remand from the 2nd Circuit, the case went back to the S.D.N.Y. federal court where the court re-initiated the discovery process. Five months later in March 1998, the parties settled without a trial.

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