MURAL USAGE FAQs

Legal Guidance for the Use of Osiris Rain’s Murals

Seeking Permission to Use Osiris Rain’s Murals

Filmmakers, location scouts, producers, educators, and community members often seek to use murals created by Osiris Rain as dynamic visual elements in films, videos, or educational projects. These artworks are legally protected, and permission must be granted prior to any usage.

TO REQUEST A LISCENSE TO USE AN OSIRIS RAIN MURAL:

Contact: 📧 osirisrain@gmail.com

Complete and include the following PDF in your email: Mural Liscensing Request Form

We aim to respond in a timely manner and will guide you through the licensing process.

FREQUENTLY ASKED QUESTIONS

What law protects Osiris Rain’s murals from unauthorized use?

Murals are protected by U.S. Copyright Law (Title 17, U.S. Code).
This protection applies regardless of whether the artwork is located in a public space. The public visibility of a mural does not place it in the public domain or make it freely usable without authorization.

Copyright protection exists from the moment the work is “fixed in a tangible medium,” such as when a mural is painted on a wall. Registration with the U.S. Copyright Office is not required for protection, but it is necessary to pursue certain legal remedies in the event of infringement. Osiris Rain Studios registers all original murals with the U.S. Copyright Office.

What constitutes copyright infringement?

Copyright infringement includes any of the following actions taken without prior written consent:

  • Reproducing or distributing the mural (including filming, photography, merchandise, and prints)

  • Public display outside of incidental or newsworthy contexts

  • Use in derivative works (e.g., using the mural as background in a music video or commercial film)

  • Creating and selling works based on or incorporating the mural

Are there penalties for using the murals without permission?

Yes. Penalties for copyright infringement under U.S. law may include:

  • Payment of actual damages and disgorgement of profits

  • Statutory damages ranging from $750 to $30,000 per infringement, or up to $150,000 per work in cases of willful infringement

  • Reimbursement of legal fees and court costs to the copyright owner

  • Court-ordered injunctions to stop use

  • Seizure and destruction of infringing materials

  • In severe cases, criminal penalties, including imprisonment

Is my use considered “fair use”?

Only in very narrow and well-defined contexts. The following do not qualify as fair use:

  • Using murals in music videos, travel articles, or promotional materials

  • Displaying murals in social media or YouTube videos without permission

  • Selling photographs, prints, or stock images of murals

  • Using murals as visual backdrops for photo shoots or commercial films

The following may qualify as fair use:

  • The incidental capture of a mural during a news broadcast of an unrelated event

  • Use of a mural image strictly for classroom submission (not public distribution) by a student, often permitted with written permission

Note: “Student use” is not automatically exempt. If a student project is to be published, shared, or distributed beyond the classroom, formal permission must be obtained.

Does my location permit from the Film Commission include the mural?

No. Location permits issued by film offices do not include copyrights to murals or other artwork present at the filming site. Additional licensing must be obtained from the artist(s) directly.

How long does the licensing process take?

Please allow a minimum of two weeks to process your request.
This timeframe accounts for the artist’s travel schedule and any necessary coordination with other collaborators (if the mural was co-created). For larger or multi-mural requests, additional time may be required.

What are the licensing fees?

Licensing fees are determined based on:

  • Type and scope of the production

  • Intended use and distribution (e.g., commercial, streaming, local broadcast)

  • Number of murals requested

  • Duration and visibility of the mural in the final product

Community-based or student projects may qualify for reduced or waived fees, especially for private academic use.

About Copyright Registration

Do I need to register my mural or artwork to protect it?

No, but you should. Copyright protection begins automatically when a work is created and fixed in a tangible form (e.g., painted on a wall). However, registration is essential to enforce your rights in court.

Benefits of Registration Include:

  • Eligibility to sue in federal court

  • Right to claim statutory damages and attorney’s fees

  • Public notice of your ownership

Without registration, your remedies are limited to actual damages, which are difficult to prove and often not financially significant.

You can register your work yourself at the U.S. Copyright Office:
🔗 Register Visual Artworks

Final Word

Murals are not “free” simply because they are on public display. Respecting the rights of artists means asking permission, obtaining a license where required, and ensuring that creative work is not exploited without authorization. Let’s work together to support the integrity of public art.