Can You Use Graffiti in Filming without Permission?

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? 

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 (like 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.

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.

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.

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