How to get permission to film Up Here murals

To request permission for any mural created for Up Here, please email hello@weliveuphere.com, along with the name of the mural and artist, details on the production, and shooting dates, and we'll respond promptly.

FAQs

What law protects the murals from being reproduced without permission?

Murals and other public art are protected by Canadian federal copyright law. Despite their street display, murals are not automatically free for use by others. Under the federal Copyright Act, copyright protection begins the moment a work is created.

In Canada, the concept of 'fair dealing' is used instead of 'fair use' which is more commonly associated with U.S. copyright law. Fair dealing includes specific exceptions for purposes such as research, private study, education, parody, satire, criticism, review, and news reporting.

Contemporary murals are rarely in the public domain, and photographing them is generally not considered fair dealing, except for personal mementos. Reproducing murals in films, books, clothing, or selling photographs requires written consent in the form of a license.

Copyright infringement in Canada occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the owner's permission.

For more detailed information on Copyright law regarding murals and public art in Canada, consult pages 36-41 of this Mural Handbook prepared by MuralRoutes.ca. It gives a detailed overview of Copyright law, Moral rights, Fair dealing, and more.

Are there penalties for not obtaining permission?

Legal penalties for copyright infringement may include:

• Payment of actual damages and disgorgement of profits.

• Statutory damages which can range from a specified minimum to a maximum amount for each work that has been infringed.

• Payment of the artist’s costs and legal fees.

• Issuance of an injunction to halt infringing acts.

• Impoundment of illegal works.

• In extreme cases, criminal charges leading to fines or even imprisonment for the infringer.

Isn't my intended use covered under fair dealing?

While limited fair dealing exceptions exist, it's generally safest to obtain permission or a use license before shooting. For instance, using a mural coincidentally in the background of a news event may be fair dealing, but using murals in travel articles, books, or as backdrops for photo shoots usually isn't. Student projects also require permission for public showings.

Does a Film Permit from the City of Greater Sudbury include murals?

Film Permits from the City of Greater Sudbury do not cover shooting murals or public art on the street. Fees paid to the city do not include required license fees for murals.

How long does it take to obtain permission?

Please allow for at least two weeks for contacting artists and negotiating license agreements. The process may take longer if multiple muralists created one mural, requiring permission from all. We know time is of essence in TV land, so we’ll work as quickly as we can.

What are the licensing fees?

Fees vary based on the artist, mural, production type, and intended distribution. Some community and student uses may be free.

How do I get permission to film a mural in Sudbury?

Email hello@weliveuphere.com, along with the name of the mural and artist, details on the production, and shooting dates, and we'll respond promptly.

Can I contact and negotiate directly with the artists for mural usage?

Certainly! Our role is to facilitate this collaborative process by connecting producers with the artists, but feel free to connect directly with the artists if you’d like!