Tracing Copyright on Found Artworks
Artworks from Car Boot Sales, eBay and Locations
When set dec budgets are tight and a request comes in for a “densely decorated and charmingly bohemian” sitting room, it might seem like eBay or local vintage markets are the best place to start looking. However, these can sometimes take you down blind alleys where you end up losing more time and money than you save.
Clearing vs. Tracing Artworks
When you’re working with found artworks for Film & TV, the real challenge isn’t just securing permission; it’s tracing their origins to figure out whether they’re in the public domain or still protected by copyright. (“Clearing” is a bit of a catch all phrase that can cover anything from getting a release signed, through to sticking pieces of tape over logos on laptops - there's a whole breakdown of everything it can cover here).
Tracing is not as foolproof or nimble as it sounds. There isn’t a repository or a list or clearance engine - it’s just a lot of old school research, a decent understanding of art styles and good contacts in the art world. Sometimes it's quite a lot of research so one to bear in mind if you only have a limited amount of clearance support. Is there value in tying up days of their time to save yourself £20? Probably not. But sending a set of decent information to your clearance person before you spend any money can be a pretty good strategy. So what counts as “decent information”? - we basically have two paths to follow - words and pictures.
Details that can help
Sometimes, the details are right there—on a plaque or a note written on the back of the frame. Also, check the artwork itself for signatures, which are often hidden in corners - get a really good close up shot of any signatures if you can.
When working on location, ask the owners if they have any information. Often they aren’t aware of how valuable these details can be. “That one’s a painting of my great grandmother” is a bit less helpful than “That one’s Lady Catherine Hamilton who sold all the silver when the stock market crashed”. Understanding the subject, the time period or identifying the style can also be a massive help in tracing.
The big four are
Artist Name
Title
Style
Name of Sitter/Subject in painting
AI Image Analysis for tracing copyright
AI engines like Google Image Search or TinEye are incredibly helpful, but their success depends on the quality of the images you share. High-quality, well shot images will give AI the best chance of identifying the artwork.
Good Quality Photos
Try to photograph the artwork straight on - avoiding any perspective, reflection or lens flare and make sure there's nothing obscuring the artwork.
Although time is tight and access isn’t always guaranteed at a Location - if you do have a bit of time there are a few apps to help get better quality images under poor conditions.
PhotoScan by Google Photos - takes four images then stitches them all together removing any glare and enhancing the images
Angled Photo
Angled photos make it much more difficult to trace with AI.
Squared Off
Try for a “squared” off shot like this. Make sure your camera isn’t in portrait mode and try to turn off the flash - the lens flare confuses the algorithm and lowers the hit rate.
Use a Scanning App
If you’re able to - use a proper scanning app like PhotoScan. You’ll get the best quality image for tracing.
A Traced Artwork
Once the artwork has been traced - In this case it was a watercolour titled “Continental Town with Market Square and Figures” by Cecil Jack Keats.
Although his death wasn’t documented online - his birthdate was given as 1856. So there was a small chance he may have lived to 98 years - which would have meant this artwork may still be protected by copyright. In a case like this, the lawyers would make a call on the risk of including. For the record, our own clearance lawyer says this is low risk, especially for set dressing.
Tracing found artworks is definitely do-able but the success rate is quite low - It can seem tricky and time-consuming but if you get the right info upfront you can (fingers crossed) save time and a bit of money, while keeping your creative legally safe.
Summary
Tracing found artworks is messy, time consuming and usually ends up with a big "unverified" note in the clearance log. Your best bet is a clear, clean photograph (ideally using a scanning app like PhotoScan) but you can help your chances by sharing extra details (artist, style, subject, movement) found on the plaque, the backs or by speaking to the owners. Make sure you send artworks to be researched before you buy anything and always have a back up plan.
The clearance team at Reviewed & Cleared have a wealth of experience in tracing hard to find artworks. This, coupled with our extensive contacts in the art world, is a huge help when you’re tracing artworks in post. Get in touch if you’re troubleshooting a specific art issue in a fine cut, or simply starting a production and looking to make sure any pre-existing art won’t cause you headaches in delivery.
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.
