Copyright in Graphics made for Film & TV
Can I reuse this magazine made for another production?
This question comes up quite a bit. There are multiple layers of clearance in graphics made for film and TV - some are easy to spot and others a little harder to untangle. This post runs you through all those concepts so you can get clear on what can - and what can't - be reused across productions.
These principles apply across the board for all graphics creations, but for now we’ll focus on a fictional magazine to guide you through the process.
The Magazine Title or Masthead
Real Mastheads
First up is the magazine masthead. There are two options here - either a real masthead has been used or a fictional title created.
With real mastheads (like this "Time" example from Ghostbusters) different studios play by different rules. Some streaming platforms might be ok with the risk of using real mastheads as long as the artwork is original, and the editorial tone is aligned to the real publication. Others would absolutely need permissions to be arranged, fees to be paid and for the real publishers to approve the fictional narrative.
Fictional Titles
When the magazine uses a fictional title (like this fictional title created by Tom Southwell for Blade Runner), somewhere out there, a neg checker has reviewed it and given it the thumbs up. It’s good to remember that neg checkers are more like sculptors than architects, each with their own style and approach but no hard and fast regulators to standardise the work.
Sometimes, we factor in the region where the story is set. Maybe that magazine title’s only been cleared for Yorkshire rather the entire UK. That level of scrutiny will often shift depending on the context: is this the title of a hero magazine for a murderous housewife, or just one of ten magazines making a "barely there" appearance in a doctor’s waiting room? The time period also matters — was it vetted for 1962 flashback or something contemporary? And what does contemporary even mean? This year or this decade?
And don’t forget—new publications are always emerging. A title that was conflict-free last summer could face new challenges the following autumn.
The Artwork and Photographs
Now, let’s talk about the visuals. Artwork usually comes from one of two places: a stock library or a production shoot. If it’s from a stock library (like iStock or Getty or Alamy), the terms of use are tied specifically to a production’s license. Sure, you might be able to re-download a particular iStock image as part of your new production’s agreement, but don’t bank on it— images often disappear from those archives as new deals are made.
If the artwork is original, created by the production, you’ll need to get permission from the photographer. Be prepared—this can get pricey, especially if the photographer is high profile. And if any recognisable faces appear in the photos, you may also need to secure a new model release that covers the use of their image for the current production.
The Content and Layout
Let’s not forget the words and layout. Where did the content come from? Was it drafted by writers from the previous production, or did your design team whip it up? Was the layout designed from scratch?
Any creative work produced for a previous project is likely to be covered by a contract between that production and the writer or designer. This means the copyright usually belongs to the original production. Without their permission, using their creative material is a quick way to find yourself in a copyright dispute.
Summary
Reusing graphic designed props from previous productions comes with issues
The approach to real mastheads changes dramatically between productions and platforms
Neg checked names may not be clear in the new context
The images used previously may not be available to license (or might be very expensive)
The copyright in the written words and designs will belong to the previous production
Sarah Challis can be contacted at sarah@reviewedandcleared.com
Please also visit Clearance Services on Reviewed & Cleared for more information
Interested in reading more articles from Sarah? Check out her Clearance Collective Blog here.
