It is tempting to stage a few props and begin rolling the camera. Whether the video is for a television series or 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 settlement from $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.
