It is tempting to stage a few props and begin rolling the camera. Whether the video is for a television series or a medical office YouTube promotion, it is wise to make certain you have clearance for the use of any artwork and logos depicted in the scenes. This includes anatomy posters. Up-front extended use fees are nominal compared to penalties imposed after a copyright infringement has occurred.
According to the U.S. Department of Justice, first-time copyright infringement cases can carry a fine of up to $250,000 and up to five years in prison. If you get caught more than once in a copyright infringement case, you could face additional fines of up to $250,000 and up to 10 years in prison.
In some cases, minor infringements may be settled by either a cease-and-desist demand or a settlement of $5,000 to $35,000. But these are not precedents.
Movie studios, photographers, and artists have at least a general knowledge of copyright laws. They routinely obtain model releases, negotiate product placement, or remove product branding from props. Derivative works, global rights, duration, and transferability rights must be stipulated.
