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Copyright and clearance

Answers to common questions about copyright for on screen and in portfolios 


"Can I take photos of my work on set and use them in a portfolio / socials / website?" 

If you have worked on a feature or TV series, and signed an NDA and a contract, then the legally correct answer is most likely 'No, you can't!' Contracts generally make it clear that crew members do not own the work they produce. Any work that is created for the production, is owned by the production, and you sign all rights (including moral rights) over to the production. Your NDA (Non-disclosure Agreement) will also prevent you from disclosing any information about the production anywhere!

So how do crew members get away with putting their work in portfolios or online?

The answer is in the question - they are getting away with it! They don't own the work legally, even though they created it, and the studio / production company could very well ask them to remove it, or even challenge them with legal action. 

Of course, this isn't conducive to a freelance workforce who need to show their work in order to get hired, so many crew members decide to take the risk, in order to showcase their work. If you decide to do this, you should be cautious:

  • Don't put work from unreleased productions online. Ever! Even behind a password. 
  • If you really want to show some work from an unreleased production, for example in a PDF portfolio, then be very cautious about who you are sending it to. Some would advise never to do this, other HoDs would say it's a necessity, so it's a tricky line to walk and entirely at your own risk as you don't know where it might end up!  
  • You can ask permission from the producers to put your work in a portfolio. This is easier on a smaller production, however the larger studios often have a process for this. Whether you will get permission or not is another question. 

"When working in a Set Dec team, can other members of the team take photos of my work and use it in their own portfolios?"

The standard legal issues still apply - they don't own the right to do so any more than you do! The production owns all the rights. Generally, however, if you do include photos in your portfolio, a dressed set is very rarely just one person's work. It's almost always a collaboration of prop makes, sourcing, Art Department, Construction, Graphics etc. So although you may have dressed it, the other team members may feel as much ownership as you. We would say, always acknowledge collaborations / help / supervision. It's a small industry and anyone misleadingly claiming work as all their own will inevitably get found out. 

"Can I use branded items when styling or dressing sets?"

The answer to this will entirely depend on the production's clearance policy and some productions / studios are stricter than others. Every production should hire a Clearance Coordinator who will be able to answer this and we recommend insisting on some clearance guidance before you start hiring / sourcing items.

Sometimes productions will take the approach that if there are enough items and they are background (eg. dressing in a shop) then branded items can be used. Another production will want the same set dressed with fictional items. Another approach is to use the branded items, but get sign off from the companies. It gets even more complicated for action props as some brands might not want their product associated with a particular character or action. Other brands will give you free products to get some product placement in a film. There are specific companies that help with this. 

There are many variations of this, so it is imperative to check what the production's policies are. 

"Do companies want to be credited if I use their products on set?"

Another tricky question but one we've more or less answered above. The answer is... it depends on the production's clearance policy! Companies would probably love to be credited, but actual credits at the end of the film very rarely happen as the limited space is saved for really significant credits. If it's a unique item, like a photo of Elvis for example, then expect to pay the photographer and Elvis' estate something substantial. If it's a generic item that is not recognisable by design, then there should be no issue with using it as you need, without gaining permission. But never assume - always check with the Clearance Coordinator and keep a log of everything that you send to Clearance to help with any potentially tricky conversations after the shoot. 

"Can I show branded products in my portfolio?"

As we've mentioned above, the main concern is whether any branded items have been cleared for use in the production. If you've followed the clearance procedures properly, then there will be no problems with this. If you are creating content for personal projects for your portfolio then it is unlikely that brands will have issues with you using their products if it is not for a commercial project. Please be aware that whilst we can advise on general practices in the industry, Filmbase is not able to offer legal advice. If you're worried about all these risks, then we would recommend taking out some professional indemnity insurance. If you are a member of Bectu then you can get discounted insurance. Please check that it covers what you need it to cover. 

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