ABSTRACT
Copyrighted materials appear everywhere: posters, sculptures, product labels, makeup designs, even the tinny music playing over the radio held by an extra. Copyright is the bane of the conscientious art director. Filmmakers must worry about more than artwork on the set. Fair use is a defense to copyright infringement. It allows the taking of some part of a copyrighted work without the need to secure the author's permission. Documentary filmmakers may have a bit of an advantage over narrative filmmakers when it comes to fair use. Architecture is a special case under copyright law. The artist should waive any claim to injunctive relief arising out of a breach of the contract. Filmmakers get into trouble when it appears as though a trademark owner or celebrity endorsed, approved, or sponsored the film, a claim known as false endorsement.
