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Artwork in film

T Shipley

T Shipley

Anyone know the legality of using artwork, specifically paintings, in a film? Something like the Mona Lisa. Can you use that image in the film without clearance from the artisit's estate or museum which owns the painting?

Also,

Can you recreate images from paintings in a film without permission? For instance, filming a scene in a field created to look like Van Goh's "Haystacks." http://www.vangoghgallery.com/painting/p_0425.htm
 
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As far as the first part goes, yes, you do need permission (as far as I know) similar to music rights I would guess.. but I know in the commentary on Groove they're talking about a poster they had to digitally paint out because they weren't able to get the rights to use it.

As for the second part, I'm not sure, but it is a neat idea. :)
 
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Can you recreate images from paintings in a film without permission? For instance, filming a scene in a field created to look like Van Goh's "Haystacks."
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T,

I can't answer that concern based on the legality, but I personally, can't believe it would be a litigious matter. *spoken with true naivete*. To me, your re-creations would be inspired by images from the history of the medium, you're not filming the work which is owned and liscensed, but drawing inspiration from them for a new incarnation. On another forum, someone was worried about the 'pattern' of a couch upholstery and if they had to get clearance from the textile artist?????????

Maybe we have an trademark/copyright/entertainment lawyer on the board who could shed some light on this for you (and the rest of us)

BTW-How many parodies/homages are done from past scenes (like the Crop-dusting scene from North by Northwest?)

Hope this helps a little. :)

Bird
 
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thats the harsh thing about art and music.... dumb laws

its like my site there is music however as it turns out you can use a track But only something like 30secs of said track on a web site.

as for art i think if you do a copy of it on your own and change a few things in it then use it and the hell with there laws.
 
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Yes, it does help. Thanks for all the feedback.

It's pretty much what I thought. The problem with the script I'm writing is that I have images that are inspired by certain artworks, but I have to put the originals (or reprints) of the works in the SP to give the audience of frame of reference.

Would there be a difference between using a reprint as oppossed to the original? I doubt it. Also, are there copyright laws that expire (like with music in the U.S.?) And I imagine you'd have to deal with the copyright law of country in which the work was originated or currently presides. (I'm not expecting anyone to answer, just thinking out loud... er, or by typing).

I should do some research and find out what John Hughes had to do to film that scene in the Art Institute in Ferris Bueller.
 
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Actually if you consult one of the larger museums and check on this - I believe the following is true: You can recreate art as long as it is not the original size of the original piece. When I was over seas there were many museums that allowed artists to sit inside and paint reproductions of the originals - but they had to be Bigger (in size) than the originals.

I would call a local curator and see what they say - but of course look into the legal side of it for precaution.
 
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Mr.Blonde said:
Isn't there some law that you can use some things if the creator has been dead for over 80 years or something? ..I'll find out.
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I think it used to be 50 years from a release date for music to become public domain, that's why you saw all those shitty "Elvis' Gold Hits" CD released about 10 years ago, but I think that's been changed, or is at least being addressed by Congress. Don't know if that relates to works of art.
 
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acording to US copyright office you dont need permision from the estate of or musium that own's Mona Lisa, how ever you are not filming the originol, you are filming a copy or poster, you have to get permision from the creater of the reproduction to use it in your movie, or you could infring on their copywrite law. most places will give you permision you dont even have to pay a fee.
 
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Kinda related stuff here.

(I'll have to look up the original sources again; I just saved the text)

Doesn't really clarify anything, though. :)

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Eiffel Tower: Repossessed
You need look no further than Mickey Mouse in the US, or Elvis in the UK, to understand how copyright, for better or worst, affects the marketplace. But while Disney resorted to legal means to get more life out Mickey, those that oversee the Eiffel Tower came up with something far more clever.

The Eiffel Tower's likeness had long since been part of the public domain, when in 2003, it was abruptly repossessed by the city of Paris. That's the year that the SNTE, the company charged with maintaining the tower, adorned it with a distinctive lighting display, copyrighted the design, and in one feel swoop, reclaimed the nighttime image and likeness of the most popular monument on earth. In short: they changed the actual likeness of the tower, and then copyrighted that.

As a result, it's no longer legal to publish current photographs of the Eiffel Tower at night without permission. Technically, this applies even to amateurs. When I spoke to the Director of Documentation for SNTE, Stéphane Dieu, via phone last week, he assured me that SNTE wasn't interested in prohibiting the publication of amateur photography on personal Web sites. "It is really just a way to manage commercial use of the image, so that it isn't used in ways we don't approve," said Mr. Dieu.

So while publishing nighttime photos of the Eiffel Tower may now be illegal, it isn't all bad news for tourists; SNTE profits go back to the city of Paris, making it, hopefully, and even nicer place to visit.
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and another one...

The Copyrighting of Public Space
Following up on my post discussing the uselessness of Frank Gehry's "BP Bridge" at Chicago's new Millennium Park, a story in today's printed version of the Chicago Reader speaks to some other problems with the park.

This time the issues are not so much with the design, but with its use. In keeping with the contemporary trends of privatizing public space, Millennium Park is a copyrighted public space.



The Reader recounts the experience of photojournalist Warren Wimmer's attempts to photograph Anish Kapoor's sculpture, Cloud Gate (more commonly known as "the Bean"). When Wimmer set up his tripod and camera to shoot the sculpture, security guards stopped him, demanding that they show him a permit. Wimmer protested, replying that it's absurd that one needs to pay for a permit to photograph public art in a city-owned park.

Ben Joravsky, the author of the Reader article, attempted to contact park officials for an explanation and received a response from Karen Ryan, press director for the park's project director:

"The copyrights for the enhancements in Millennium Park are owned by the artist who created them. As such, anyone reproducing the works, especially for commercial purposes, needs the permission of that artist."

Hence, Millennium Park--a nascent destination for countless citizens and tourists that was built with $270 million in city funds--is slowly emerging as Chicago's most privatized public space. Photographers beware!
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Just a side note to this discussion but I was fooled by a painting in the background of a tv series scene (Law and Order CI first season). I figured they were big enough to purchase or be given the right to use a Kandinsky painting in the background, but when I went to find the name of the painting I realized it was a complete fake. So apparently there is a market to rent fake paintings as mentioned above.

I have used an artist's work in one of my films as a production designer and from my research before contacting the artist, I was daunted by the rights management aspect of it all. Find a local artist with similar work that might enjoy being given "face time" to their work on film. Even though the film I worked on tanked, the artist's work looked great in the rooms it was placed in so she can include the scenes in her reel/pile of publicity.
 
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