Materials LicenseS

When do i need A MATERIALS LICENSE?

Creators have intellectual property rights over “original works of authorship” including literary, dramatic, musical, artistic and certain other intellectual works (whether finalized & published, or incomplete & unpublished).

Basically, if you make something, you own it!

Owning something, or having intellectual property rights over a creation, gives the creator the exclusive right to do and to authorize others to do the following:

• To reproduce the work in copies or phono records
• To make derivative works based upon the work
• To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
• To perform the work publicly
• To display the copyrighted work publicly
• In the case of sound recordings, to perform the work publicly by means of a digital audio transmission
  • Source: Artist Rights Society

• Works commonly protected by copyright include: paintings, murals, artwork, photos, posters, sculptures, trinkets (ex: bobble heads or toy), maps, cartoons (ex: Hello Kitty stuffed animal or Elmo tie), certain tattoos (ex: a tattoo of Hello Kitty), coffee table books, newspapers, sports jerseys, clothing, and so much more

Almost every material work is subject to copyright protection, so we cannot use any 3rd party works without a materials license!

• If you are filming something up close, or if it is on screen for an extended amount of time (e.g., it is the focus point of a conversation, used as a background) - you must get a release from the copyright owner
• If you think something does not require a release, flag it with your Legal counsel & Head of Content for approval

KEEP IN MIND - If your project is at all in connection with or for a client (sponsored or branded) all third-party content must be cleared. You must release or avoid EVERYTHING owned by a third party!

• Steer clear of filming close-ups on photography - it is usually not owned by the person who owns the physical image (especially school & wedding photos! Photographers own their photos, so if someone appears in a non-selfie photo, they probably don't own it!)
• Be mindful of clothing & context - Action Bronson smoking a joint while wearing an Olympics t-shirt is a clearance NIGHTMARE!

INTENDED USE

It’s ok to film certain brands in non-branded content as long as they are being used in the way they were intended. For example:

Intended Use - OK

• Someone drinking a Coca Cola on camera during an interview. Nothing disparaging is being said about Coca Cola.

Not Intended Use - NOT OK

• Someone makes a pipe out of a Coca Cola can and uses it to smoke weed.

UPDATED 8/25/17