Film & TV Clearances for Art Departments: A Guide to Set Dec & Graphic Design Assets
In the high pressure environment of a modern film or television production, Art, Graphics and Set Dec departments are tasked with an extraordinary feat: building an entire world from scratch, under tough deadlines and strict budgets. From the hero props and graphics that define a character’s world to the subtle set dressing that adds ‘lived-in’ authenticity, every visual element is a choice.
However, in an era of global distribution and high-definition scrutiny, those choices carry significant legal implications. At Film and TV Clearances, we view our role not as a barrier to the creative process, but as a strategic consultant to Art Directors, Graphic Designers and Set Decorators. Our objective is to safeguard your visual storytelling, ensuring that artistic integrity is maintained while mitigating the risk of trademark infringement or costly post-production alternations, which you no longer have oversight of.
Why Clearance is Vital for Production ‘Chain-of-Title’
For Art, Graphics, Props and Set Dec teams, the clearance process can often be perceived as a late-stage hurdle. However, integrating clearance protocols during the concept phase is the only way to safeguard a production’s ‘chain-of-title’, integral to securing international sales, distribution and Errors & Omissions (E&O) insurance.
1. Fictional Branding and Graphic Design Clearances
When you design a logo for a fictional business—like a local coffee shop or a pizza box—there is a high risk that a similar business already exists in the real world.
The Risk: If your ‘fictional’ design looks too much like a real company’s trademark, the production could face a legal claim for ‘trademark infringement’.
Our Solution: We handle the groundwork by searching business registries and trademark databases for you. We check your names and designs against real-world companies to ensure they are distinct and ‘legally clean’. This means graphics teams can hit print and start the install with total confidence, knowing the set won't have to be repainted or blurred out later.
2. Hero Props and Intellectual Property (IP)
Any ‘hero’ item—whether it’s a vintage toy, a designer watch, or a piece of iconic furniture—often comes with its own Intellectual Property protections.
The Risk: The risk level usually depends on how the item is used: if a character holds it, talks about it, or uses it in a way that makes a brand look bad, it can trigger a legal liability.
Our Solution: We look at how prominently these props are featured on screen and we research whether you can safely use the item under ‘Incidental Inclusion’ (natural background use) or if we need to reach out to the manufacturer for a formal License Agreement. We give you a clear answer so you know if you can use the real thing or if you need to find a generic or fictional alternative.
3. Set Dressing and the ‘Moral Rights’ of Artists
Just because the production has bought a physical painting or sculpture doesn't mean you automatically have the right to film it. In many jurisdictions, the original creator retains ‘Moral Rights’—the right to protect the integrity of their work—regardless of who owns the physical piece.
The Risk: This means they can legally object to how their art is shown on screen, even if you own the canvas.
Our Solution: To protect the production, any agreement to use artwork must include a Moral Rights Waiver. Our role is to track down the original artists or their estates and secure these formal releases. We manage the paperwork and signatures, ensuring you can curate the perfect look with the peace of mind that every piece is fully cleared for worldwide distribution.
AI-Generated Art: Navigating New Legal Risks
The emergence of AI tools has offered a powerful new way to rapidly produce background assets, textures, posters and hero assets. However, this technology introduces unprecedented legal risks that regulations and most standard production insurance policies are still adapting to.
The Copyright Vacuum:
current legal precedents in many jurisdictions (including the U.S. and U.K.) maintain that works created solely by AI, without significant human intervention, may not be eligible for copyright protection. This means your production might not ‘own’ the assets it creates via AI, potentially leaving them open to use by others.
UK Law (Copyright, Designs and Patents Act 1988)
specifically addresses ‘computer-generated works’ where there is no human author. Under Section 9(3), the author is deemed to be the person who made the “arrangements necessary for the creation of the work”. While this sounds helpful, it remains a legal grey area. Without a clear ‘human’ creative trail, your production may find its AI-generated assets are not fully protectable, or worse, that the copyright belongs to the AI software provider rather than the production company.
Infringement through Training Data:
AI models are trained on billions of images, often without the consent of the original artists. In the UK and Ireland, ‘substantial similarity’ remains the benchmark for infringement. If an AI-generated graphic or painting on your set bears a resemblance to a protected work or the distinct ‘signature style’ of a living artist, the production faces significant liability.
Standard Errors & Omissions (E&O) insurance policies are increasingly scrutinising AI usage, most often still blanket excluding, and hence why most productions have a no AI blanket policy, as without a documented vetting process, these assets may be excluded from your coverage, leaving the production vulnerable to infringement notices or digital alteration costs in post-production. The approach to AI will always be at the discretion of the production company.
Strategic Design Solutions: Moving from Defence to Creation
Historically, clearance conflicts were solved with tape, paint, or vinyl to obscure logos or brand names. While this was a functional ‘quick fix’ in the era of standard definition, the demands of modern production have rendered this approach increasingly obsolete.
In a 4K delivery environment it can compromise the visual integrity of a frame, looking unprofessional and distracting. Furthermore, if an uncleared brand is missed on set and only discovered in post-production, and retrospective clearance fails, the cost of painting out can be steep.
At Film and TV Clearances, we advocate for strategic clearance integration, by engaging with our team during pre-production, we move away from defence and toward creative replacement.
Pre-Cleared Fictional Substitutes:
rather than taping over a real-world product, we provide your Graphics team with a library of vetted clean names and branding concepts. This allows you to manufacture hero props and signage that look authentic and high-end, while remaining legally secure.
Script Clearance Report:
we provide a risk assessment for every element on your set. Our reports identify what truly needs to be changed and what can stay, often saving hours of unnecessary work on items that meet the criteria for ‘incidental inclusion’.
Cost-Benefit Analysis:
we help Designers and UPMs weigh the cost of licensing versus the cost of fabricating a fictional alternative.
Protect Your Creative Vision (The Call to Action)
In the modern production environment, clearance is no longer a peripheral concern, it is a fundamental component of the design process. Our objective at Film and TV Clearances is to serve as a seamless extension of the Art, Graphics and Set Dec departments, providing the legal clarity necessary to move from concept to camera without delay.
By identifying potential conflicts early and offering practical, design-led solutions, we ensure that your creative vision is delivered exactly as intended. Protect your production’s integrity and focus on the craft; let us manage the risk.
Contact Film and TV Clearances for a Script Clearance Report or a consultation on Production Clearances on your next project.
