MURAL USAGE & LICENSING FAQs
Guidance for the Use of Artwork by Osiris Rain
Seeking Permission to Use an Osiris Rain Mural
Filmmakers, photographers, location scouts, producers, publishers, brands, educators, and community organizations sometimes wish to reproduce or feature murals created by Osiris Rain.
Original murals and other visual artworks may be protected by U.S. copyright law even when they are permanently installed in publicly accessible locations. Public visibility does not, by itself, place an artwork in the public domain.
For commercial, promotional, editorial, or other substantial uses of an Osiris Rain mural, please contact Osiris Rain Studios before using the artwork.
TO REQUEST A LICENSE TO USE AN OSIRIS RAIN MURAL
Contact: osirisrain@osirisrainstudios.com
Please complete the Mural Licensing Request Form and include it with your email.
Requests are reviewed individually based on the artwork, proposed use, distribution, duration, and other relevant circumstances.
FREQUENTLY ASKED QUESTIONS
What protects murals from unauthorized use?
Original visual artworks, including murals, may be protected under the U.S. Copyright Act.
Copyright generally exists automatically when an original work is created and fixed in a tangible medium. Registration with the U.S. Copyright Office is not required for copyright to exist, although registration provides important additional legal benefits and is generally required before a copyright owner of a U.S. work can pursue an infringement action in federal court.
Ownership of the wall or building on which a mural appears does not, by itself, transfer ownership of the copyright in the artwork.
What kinds of uses may require permission?
Depending on the circumstances, permission may be required to:
Reproduce a mural in photography, film, video, publications, advertising, merchandise, prints, or other media
Distribute or commercially exploit reproductions of the artwork
Incorporate the artwork into another creative or commercial work
Create adaptations or derivative works based upon the mural
Use the mural prominently as part of a commercial production, campaign, product, or promotional image
Copyright law contains exceptions and limitations, including fair use, so whether permission is legally required depends on the particular circumstances.
When in doubt, contact Osiris Rain Studios before using the artwork.
Can I photograph a mural?
Personal photography and copyright licensing are not necessarily the same issue.
Simply taking a photograph of publicly visible artwork does not mean that every possible use of that photograph is authorized. How the resulting image is reproduced, published, sold, distributed, or used commercially can affect whether permission is required.
For commercial photography, advertising, merchandise, stock photography, publications, film, television, music videos, or other distributed uses in which an Osiris Rain mural is a significant visual element, please contact Osiris Rain Studios.
Is my use considered fair use?
Fair use is determined case by case under U.S. copyright law. There is no automatic rule that makes a use fair merely because it is educational, editorial, noncommercial, on social media, or only shows part of an artwork.
Courts consider several factors, including the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect of the use on the potential market for the work.
Uses involving commentary, criticism, scholarship, news reporting, teaching, or other transformative purposes may qualify for fair use depending on the circumstances. Commercial uses can also involve fair-use questions, but commercial purpose is one factor considered in the analysis.
Osiris Rain Studios cannot determine whether a third party's particular use constitutes fair use. When permission is appropriate or desired, contact the studio for licensing.
Does a film or location permit include rights to the mural?
Not necessarily.
Permission to film at a property and permission to reproduce copyrighted artwork appearing at that property are separate issues. A property owner, venue, municipality, or film office cannot necessarily grant copyright rights it does not own.
Productions should determine whether separate artwork clearance is necessary and, where appropriate, obtain permission from the copyright holder.
What about news coverage, documentaries, or editorial use?
These uses are evaluated individually.
Copyright law provides important protections for news reporting, commentary, criticism, scholarship, and other uses, but there is no blanket exemption based solely on labeling a project “editorial” or “documentary.”
If the mural will be a significant subject or visual component of a production, Osiris Rain Studios welcomes advance inquiries regarding permission and image licensing.
What are the licensing fees?
Licensing fees, when applicable, are determined according to factors including:
Commercial or noncommercial use
Type and scope of production
Intended audience and distribution
Media and territory
Duration of the license
Number of artworks involved
Prominence and duration of the artwork in the finished production
Community, nonprofit, educational, and student projects may be considered for reduced-fee or no-fee permission depending on the circumstances.
How long does licensing take?
Please allow approximately two weeks whenever possible.
Some requests can be handled more quickly, while projects involving multiple murals, collaborators, extensive distribution, or unusual licensing terms may require additional time.
COPYRIGHT OWNERSHIP & REGISTRATION
Does commissioning or owning a mural mean the client owns its copyright?
Not necessarily.
Under U.S. copyright law, ownership of the physical object and ownership of copyright are distinct. Purchasing a painting, owning a building containing a mural, or commissioning artwork does not automatically transfer the artist's copyright.
Copyright ownership and licensing rights can, however, be changed by contract, assignment, work-made-for-hire rules, or other applicable law. The agreement governing a particular Osiris Rain Studios project therefore controls where its terms apply.
Does artwork have to be registered to receive copyright protection?
No.
Copyright protection generally begins automatically when an original work is created and fixed in a tangible form. Registration with the U.S. Copyright Office provides additional benefits, however, and can be important when enforcing those rights.
Depending on the circumstances and timing of registration, those benefits can include:
A public record of the copyright claim
The ability to pursue infringement litigation involving a U.S. work in federal court after registration or refusal
Potential eligibility for statutory damages and attorney's fees when statutory requirements are satisfied
Additional evidentiary benefits for certain timely registrations
Registration requirements and available remedies depend on the particular circumstances.
A NOTE ABOUT THE ARTWORK ITSELF
Certain qualifying works of visual art may also receive limited rights of attribution and integrity under the federal Visual Artists Rights Act (VARA). These rights are distinct from copyright ownership and are subject to important statutory requirements, exceptions, and rules concerning artwork incorporated into buildings.
Questions involving alteration, removal, destruction, or modification of an original mural should therefore be addressed separately from requests to reproduce an image of the mural.
FINAL WORD
Public art is meant to be seen, experienced, photographed, discussed, and lived with. Public visibility, however, does not automatically eliminate the intellectual-property rights associated with an artwork.
Osiris Rain Studios supports responsible use of public art and is happy to work with filmmakers, photographers, educators, publishers, community organizations, and others seeking appropriate permission.
*This page provides general information and is not legal advice. Copyright, fair use, licensing, and artists' rights depend on the facts of each situation.