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LICENSING CENTER
SPECIFIC USES
WHAT IF I CANNOT IDENTIFY THE MURALIST?
LICENSE FEES
DISCOUNTS
HOW TO REQUEST A LICENSE
OUR ROLE IN THE LICENSE PROCESS
MURAL REFERENCE GUIDES
INTRODUCTION TO LICENSING CENTER
Murals are works of fine art protected by copyright laws. Reproductions
of murals maybe included in photographs, books, films, television and
elsewhere only with the artist's permission. We help muralists license
use of their artwork and receive proper usage fees. This site provides
a means for those who wish to use murals to secure muralists' permission.
By obtaining a license from the muralist, users can avoid violating the
muralists' intellectual property rights and the resulting legal liability.
The firm accepts requests for licenses for all manner of uses, and we
attempt to convey the request to the muralist or their authorized representative.
Such uses include:
- films-feature or independent
- television programs, including public television
- internal training videos
- books, including cover or inside page
- catalogues and magazines
- software or CD-ROMs
- music video
- advertising campaigns
- merchandise or clothing
- web design
- travel guides
The muralists may want even non-commercial users to obtain permission and a license, although the fees may be less or even waived for some nonprofits, public broadcast, and documentary users. Users who wish to proceed without a license should consult their own counsel for guidance.
SPECIFIC USES
Generally, muralists do not permit alteration or modification
of their artwork, although sometimes they will agree to permit use of
some details outside the context of the overall mural. Muralists like
to be credited as the creator of the artwork whenever possible. Some mural
images are available for almost any commercial or editorial use. However,
many muralists choose not to license their images for use by companies
which:
- Face labor or consumer boycotts
- Produce pornography or sexually explicit materials
In addition, some muralists prefer that their work not be used in connection with "sensitive subjects," such as drug use, illness, sexual activity, violence, personal hygiene products, lingerie and the like. Other muralists place no such restrictions in use of their work. The final say on whether to grant a license belongs to the muralist. We are always happy to accept inquiries concerning any specific mural and attempt to convey the request to the muralist.
WHAT IF I CANNOT IDENTIFY THE MURALIST?
Because of the firm's practice in the field of mural law, the firm can
usually identify the artist who painted a particular mural and has the
ability to contact the muralist. The firm often already represents the
muralist. We cannot, of course, promise to locate the muralist for each
and every mural. If you want to obtain a license to use a particular mural
in your project, you need to obtain and provide us with as much information
about the mural as possible. Start by looking at the mural itself, because
muralists usually paint their names and copyright notice on the mural
itself. You can also find identifying information about a mural by consulting
several key mural reference guides listed below. Even if you only provide
us with us the mural's location and/or a photograph of the mural, we can
often locate the muralist.
LICENSE FEES
The firm maintains a fee guideline for licenses for commercial use, which
takes into account such factors as the licensee's gross revenues, the
purpose for which the mural will be used, where and how it will be distributed,
and the scope of the rights licensed. Many of the firm's muralist clients
will license a mural pursuant to those fee guidelines, but none of them
are obligated to do so and the firm does not guarantee that any particular
mural may be used at the price specified in the firm's guidelines. The
muralist always retains the right to negotiate a license fee independent
of the firm's license fee schedule or to refuse to grant a license.
Some muralists offer discounts in certain situations, such
as the following:
- use by nonprofit organizations with budgets under $300,000.00 per year
- use by public broadcasters or in documentaries about murals or the subjects covered by the murals
- use in text books and other educational media and materials such as a CD-ROM, encyclopedia or other traditionally editorial uses.
If you believe that your use fits into one of these categories, please be sure to alert us. The final say on whether to grant a license, and the price at which the license will be granted, always remains with the muralist, but many muralists adjust the license fee based on the intended use. Please be aware that we do not consider uses such as the ones described above necessarily to constitute "fair use" for which no license is needed. Persons who choose to use a mural without a license do so at their own risk and should seek legal counsel concerning that decision.
To request a license to use a particular mural, we request that potential licensees complete the form provided on this page. By completing the form, you agree that we are not accepting the information from you in confidence and may use it as we think appropriate, including disclosure to artists or others who might have standing to grant a license to use the mural in which you have expressed interest.
OUR ROLE IN THE LICENSE PROCESS
The firm always represents the muralist in license negotiations conducted through the firm's licensing service. We cannot and will not provide any legal advice to potential licensees. If the licensee desires legal counsel concerning the license transaction, or whether a particular use of a mural constitutes fair use and does not require a license, then the licensee must retain its own attorney.
"Painting the Towns: Murals of California," by Robin J. Dunitz & James
Prigoff, 1997
"San Francisco Bay Area Murals," by Timothy W. Drescher, 1998
"Walls of Heritage - Walls of Pride- History of African American Murals,"
by James Prigoff & Robin J. Dunitz, 2000
Most of these books can be purchased at
Precita Eyes Mural Arts Center.
