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QUESTIONS & ANSWERS ABOUT LICENSING MURALS
Q. What is copyright protection?
A.Murals are publicly displayed works of fine art. Federal law protects original works of art or authorship such as murals, paintings, books, music, sculptures, movies, and so on from unauthorized reproduction. Copyright law gives the artist the exclusive rights to: make copies, distribute copies, make derivative works (e.g. taking a photograph of a mural), publicly perform the work, and publicly display the work. Visual artists also receive a additional bundle of rights-the right to be credited for their mural and to protect the original artwork from defacement, modification or destruction. Only the artists or their authorized representatives may give you permission to use a reproduction of a mural in your film or publication. Doing so without permission is not only a violation of the law, it is disrespectful to the muralists who work for months creating these beautiful murals.
Q. Why can I make and sell photographs of the Golden Gate Bridge but not a mural both are displayed in public?
A.A mural is a work of fine art, for which Congress has granted federal copyright protection. Congress did so to encourage artists to contribute their talent to our culture. By law, artists are entitled to compensation for reproductions of their work. Without these protectors, most artists simply could not afford to survive. Architectural structures, like the Golden Gate Bridge, are not protected by copyright law, although recently, even architectural designs have been protected.
Q. When does copyright protection begin?
A.The copyright protection in a mural exists from the moment the artist paints the mural; it is then protected by federal law. Artists should register their copyrights with the U.S. Copyright Office to receive the full benefit of copyright protection, but they own their copyrights whether or not the artwork is registered.
Q. For how many years does the artist have these exclusive rights?
A.Under federal law, the artist enjoys these rights for his/her entire lifetime. Even after the artist's death, the copyright continues to exist for another 70 years. So, the artist gets copyright protection for a total of life of the artist plus 70 years.
Q. What is copyright infringement?
A.Copyright infringement takes place when someone other than the artist makes, uses, displays, or distributes copies or derivatives of a mural without the artist's permission. Doing so can subject the user to the risks of lawsuit and monetary damages.
Q. How may someone other than the artist get permission use the artist's work?
A.In order to use the artist's work, you must get the artist's permission. Just because a mural can be seen by the public does not mean that everyone can use it in any way they want. For example, just because a car is parked on a public street, it is not public property. Neither are murals.
If you want to use a mural in a film or publication, contact Brooke Oliver & Associates. Brooke Oliver & Associates will then contact the artist for you, or refer you to the proper person or agency. The best way to obtain permission is to negotiate a written agreement called a license, and to pay a fee based on the type of use.
Q. Are there any circumstances where a person may use an artwork without permission?
A.Yes, there are some limited exceptions, generally referred to as ³fair use.² For example, If a newspaper art critic wrote a critique on a mural, then the newspaper could publish a photo of the critiqued mural. Art criticism would be considered fair use. That¹s not the case when the murals are not the subject of the article, but are used to illustrate another subject. For example, travel guides. Travel writers who intend to sell articles about San Francisco that include photos of murals must get permission and pay a license fee.
Often, photographers and others mistakenly believe that any ³editorial² use of a mural is a fair use. That is not the case. Just as photographers are paid for editorial uses of their photos, muralists are entitled to be paid when reproductions of their murals are used editorially.
Remember: It is always best to get the artist's permission. When in doubt, ask.
Q. Once you get permission, how can you give the artist proper credit?
A.Captions including the artists' names should appear near the reproduction, or in film credits. It is also important to include the artists' copyright notice: ³Mural Name² © [Year] by [Artist Name]. Brooke Oliver & Associates will provide you with this information. Good examples of proper credit are listed below:
" Si Se Puede " © 1995 Susan Kelk Cervantes, Juana Alicia, Margo Consuelo Bors, Gabriela Luján, Elba Rivera, and Olivia Quevedo at Cesar Chavez Elementary School, San Francisco
³Indigenous Eyes: War or Peace² © 1995 by Susan Kelk Cervantes in Balmy Alley, San Francisco
