CLEARANCE TOOLKIT

How to Clear Graffiti for Film & TV Productions

Graffiti is everywhere. It adds texture, realism and cultural context. It can signal danger, rebellion, authenticity, youth culture or urban decay in a single frame. But from a clearance perspective, graffiti is rarely “just background.”

So do you need to clear it? Well, as usual, it depends. Prominence, the messages it contains, the context and level of skill and craftsmanship all play a role in dialling up the risk

Let’s start (as always) by thinking about what question we are actually trying to answer - and making sure we're focusing on the right one.

What Legal Risks Might There Be?

COPYRIGHT

Copyright infringement - a creative work used without permission. Graffiti is a contemporary art movement, so most artists will have been active and will not have died more than 70 years ago..

Moral rights - Is the graffiti shown in a context that endorses an extreme view? Does it imply the artist has a particular political or social belief that isn’t true?

TRADEMARK

Trademark issues - Are there any brands, names, or characters with trademarks included in the artwork?

PERSONAL

Defamation - As a protest art form, graffiti sometimes includes political statements about companies or individuals.

Privacy - Has someone’s likeness or private information been included - phone numbers, addresses or personal images?

CULTURAL

Cultural sensitivity - Is the artwork presenting an idea that could be considered offensive or inflammatory?

Is Graffiti Protected by Copyright?

Not all graffiti is equal from a clearance perspective.

In most places, graffiti is automatically protected by copyright if it meets the basic threshold of originality.

That means any graffiti that demonstrates a reasonable level of skill and craftsmanship would be protected as an artistic work.

The legality of how the graffiti was created (i.e. whether it was sprayed illegally) is separate and does not automatically remove copyright protection - despite the rumours often heard around campfires.

An unauthorised mural painted on a wall without permission may still belong - in copyright terms - to the artist who created it.

In some cases, graffiti consists of barely legible scrawls, basic geometry or rudimentary letterforms. It would be trickier for someone to argue the creative value of those items if trying to bring a claim, so generally that feels lower risk.

Commissioned Street Art vs Unauthorised Graffiti

Many murals are commissioned works, which means they often have a traceable artist and are usually easier to license. Depending on where they are located (high-profile sites like Brick Lane or Southbank), tracing may also be easier, and there may be local authority agreements in place.

Illegal tagging is harder to trace but still potentially protected. Even though it usually carries lower practical risk of complaint, it can still increase commercial risk. We know risk varies by production and distributor. You may need to share your evidence of due diligence if the artwork is prominent, so it’s always helpful to keep track of everything as you research.

How Prominent is it? Incidental or Featured?

This is another area that has a lot of completing views. In the UK, “incidental inclusion” can provide a defence if the artwork is not deliberately included. However, this defence is pretty narrow. If production design deliberately chooses a location because of the mural, it becomes harder to claim the inclusion was incidental.

Incidental means truly accidental or unavoidable -

IF GRAFFITI IS...

Blurred in the background or Out of focus
Fleeting / Briefly visible.
Not identifiable / Partially Obscured

The risk may be lower.

HOWEVER IF IT IS...

Clearly legible
Framed deliberately/Used as a backdrop for dialogue
A repeated motif
Used in marketing materials/ promos

Then it’s not really incidental inclusion. If a complaint is made then it will be important to look at how deliberately something was included and whether it forms part of the storytelling. If your shot lingers on a distinctive mural, you are probably relying on that artwork to set a creative tone in your scene.

What Is the Artwork Saying Explicitly or Implying Subtly?

Beyond the copyright, It is important to remember that graffiti is an art form of protest, of disaffected people struggling to be heard in other channels. The message contained need to be reviewed too

If the graffiti:

Contains political messaging
Identifies a gang/ illegal activities
Refers to a real person
Contains trademarks
Includes defamatory statements
References other artworks

Take care here as the messages in the graffiti may mean you are layering multiple legal risks:

For example, using a well-known political mural behind a controversial character could create implied endorsement or reputational risk.

How to Get it Cleared - Before your shoot.

If you have graffiti coming up in in your shoot:

Flag it early in script breakdown or location recce and assess prominence in shot list.
Photograph it clearly and work with clearance to see whether the artist is traceable.
Keep a log of all the research, attempts to contact the artist and the risk assessment made for your E&O
Work on a back up plan, graphics cover up or commission another artist to create an artwork they are happy to sign a production release for.

Disappearing (& Spontaneously) Appearing Graffiti

Bear in mind the extremely transient nature of graffiti. We have spent weeks tracing and clearing murals only to find they have been painted over the night before the shoot. You suddenly have an uncleared set and are left scrambling to reframe your shots. When your recce is weeks in advance of your shoot, it can be a bit of wasted effort trying to clear - unless you trace the artist, get their permission, and lock them in to replace the artwork closer to your shoot date if it's been painted over.

If this happens and you can’t arrange permissions for a “cleared” artwork:

Consider reframing.
Use shallow depth of field.
Obscure with vehicles/coffee vans.
Make a plan to digitally remove or replace in post.

Good Fast Cheap

For graffiti the fastest, simplest and usually cheapest option is to commission an artist to paint an artwork in situ. There are options for iStock Cover ups, or even iStock murals but for large scale artworks the printing costs can add up. Most clearance people will have a list of street artists at various price points who should be able to help.

So what if it's too late? What to do if you've already filmed it?

Digital removal is often cheaper than handling complaints. Street art has moved from underground to mainstream cultural assets and there are extremely business savvy artists - particularly in graffiti hot spots -like Brick Lane, Southbank and Stokes Croft.

Throw everything into retrospective artwork clearance (this guide will help) and reach out to boutique street art galleries

In Summary

If the graffiti

Adds meaning to the scene
Is recognisable
Could be traced to an identifiable artist
Or would upset you if someone used your artwork that way

Then treat it as clearable artwork. Better to make a conscious decision than an accidental infringement.

These links and suggestion may change over time. Always recheck the copyright status with your lawyer or clearance person. This page was last updated in Feb 2026

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