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Start a clearance log while the film is being assembled, not after picture lock. A news clip or photograph can contain several separately protected elements, and a license from one rights holder may not clear all of them. This guide uses U.S. law for its fair-use discussion; copyright exceptions and terms differ by country, so check the law where the film is made, distributed, and shown.
Start with an inventory of everything the audience can see or hear
Make a list of third-party material as soon as it enters the project. Include assets in rough cuts and production footage, not just items intentionally featured in the final edit. A photograph in a montage, artwork visible behind an interview subject, a television playing in the background, and music audible inside a news report can all raise clearance questions.
For each item, record enough information to identify the exact work and the copy you used:
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- What it is: a photograph, artwork, song, sound recording, news report, film excerpt, or other material.
- Where and how it appears: timecode, scene, duration, whether it is heard or seen, and whether it is altered, cropped, excerpted, or excerpted with commentary.
- Where the copy came from: archive, broadcaster, publication, website, personal collection, or other source.
- Known identifying details: creator, title, publisher or broadcaster, date, catalog or item number, and any rights notice.
- The intended uses: the film itself, trailer, social or other promotional material, educational versions, and any other planned release.
Do not treat this list as a formality. It exposes embedded material before a sequence becomes difficult to replace, and it gives an archive or rights holder the details needed to identify what you want to license.
Work out which rights are involved before asking for permission
A single asset may involve more than one rights holder. Identify the work, the copy, and the people or other works represented in it; then establish who can authorize each proposed use. The person who supplied a file, owns a print, or appears in an image may not be the person who owns the copyright.
Photographs and images
In the United States, the photographer generally owns copyright in a photograph; an employer may own a photograph made as a work made for hire. Owning a print or digital file is distinct from owning the copyright, and a person pictured in a photograph does not ordinarily own that copyright just by appearing in it.
Copyright in the image is not the only possible issue. A recognizable person may have separate personality or publicity rights, depending on the relevant law and use. A photograph can also depict an artwork or other protected material. Consider those elements separately rather than assuming the photographer’s permission settles every issue. For old photographs, investigate authorship and the applicable term; age alone does not establish that a work is free to use.
Music
Identify both the musical work (the composition or song) and the particular sound recording you want to use. A permission concerning one should not be assumed to cover the other. If music is already audible inside a licensed documentary, film, or news clip, ask specifically whether the clip license covers that music and record the use in the film’s music cue sheet.
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For a song or recording used independently of a clip, identify the exact version and the relevant rights holders, then seek permission whose scope matches the film. Rights and licensing arrangements can vary by work and use; do not infer that permission for a song title, a different recording, or a different edit covers the audio in your cut.
News, television, and other audiovisual clips
A clip can combine footage with interviewees, reporters, music, advertisements, graphics, or other protected material. A broadcaster or archive may be able to license the footage it controls without clearing every person or embedded work. Ask what the license actually covers, and assess other elements separately. Permission from the person who gave you a copy of the clip is not automatically permission from its rights holder.
Choose a clearance route for each item
There is no single route that works for every asset. For each item, decide whether to seek a license, commission a replacement, rely on verified public-domain status, or make a reasoned assessment that a legal exception applies. Compare the options against the actual rights and release you need, not simply the convenience of obtaining a file.
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| Route | What it can establish | What to verify |
|---|---|---|
| Written license or permission | Authorization for the uses the rights holder grants. | That the signer controls the relevant rights and that the grant covers the asset, edits, releases, territories, term, promotion, and credit you need. |
| Commission a replacement | A new photograph, score, or other work made for the project under an agreed contract. | Whether the agreement transfers ownership or grants a license, its scope, and any separate rights in people or material depicted or performed. |
| Public-domain material | Use of material whose copyright has expired or that otherwise is not protected by copyright. | The work’s authorship, publication history, jurisdiction, and applicable term; do not infer status from age, online availability, or an archive holding the item. |
| Documented legal exception | A possible legal basis for a particular use without permission, where the law and facts support it. | The applicable country’s law, the specific use, and the facts supporting the exception. It is not a general clearance of unrelated rights. |
When commissioning work, put the rights arrangement in writing. The agreement should say whether copyright ownership transfers or a license is granted and define what the film may do with the work. Commissioning does not, by itself, resolve every possible issue—for example, rights in a person or artwork depicted in a commissioned photograph still need consideration.
Request a license that matches the finished film and its release
Contact the owner or authorized licensing department with the exact item and proposed use. Be specific enough that the permission can be checked against the edit and distribution plan. A broad request for “documentary use” may leave uncertainty about trailers, online clips, later versions, or distribution in other countries.
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Ask the rights holder to confirm the grant in writing. Include or clarify these points:
- Asset and version: identify the precise photo, recording, clip, or excerpt, including a catalog number or timecode if available.
- Film and context: identify the documentary and explain how the asset appears or is used, including any editing, cropping, excerpting, narration, or commentary that matters.
- Media and distribution: specify relevant planned channels, such as theatrical, broadcast, online, or educational distribution. Do not assume one format implies another.
- Territory and term: state where the film may be distributed and for how long. Ask whether the permission expires or needs renewal.
- Promotion: specify whether the asset may appear in trailers, stills, social posts, or other publicity. A film license may exclude promotional use.
- Credit and restrictions: obtain exact credit wording and note limits on edits, exclusivity, context, or other uses.
- Rights included: ask which rights the signer controls and whether the grant covers people, music, or other material embedded in the asset. If not, identify the additional permissions needed.
Read the grant against your release plan before signing or locking picture. A license can be limited by duration, territory, format, promotion, or other conditions. If the plan changes—for example, a film moves from a limited educational showing to a wider online release—check whether the existing permission still covers it and obtain an amendment where needed.
How to get permission for archival news footage
- Identify the exact clip. Record the broadcaster, program or report, date, source copy, and the portion you plan to use. Provide a timecode or a precise description if you have one.
- Contact the media company, archive, or other likely rights holder. Ask who can license the specific footage and what rights the company controls. A distributor, archive, or broadcaster may handle requests, but confirm the grant comes from someone authorized to give it.
- Describe the release and edit. State how the clip will appear, the film’s expected distribution, territories, term, and any planned trailer or other promotional use. Ask about edit, credit, and context restrictions.
- Inspect what is inside the clip. Note identifiable interviewees or reporters, music, advertisements, graphics, and other content. Ask the licensor which elements are covered and determine whether separate authorization or another legal basis is needed for the rest.
- Save the written grant and its conditions. Put the license in the clearance log, alert the editor to restrictions, and track music in the clip in the cue sheet when applicable.
Do this before picture lock where possible. If a clip cannot be cleared on the needed terms, it is easier to substitute or reshape the scene while the edit is still flexible.
Do you need permission to use a photo in your documentary?
Often, yes: if the photograph is protected and no license or applicable exception authorizes the particular use, you need permission from a person or organization entitled to grant it. The answer cannot be determined just from the fact that the photo is online, in a library, supplied by a subject, or included in a book or news story.
First identify the photographer or other likely copyright owner and investigate whether an employer or another party owns the rights. Then assess any separate issues involving recognizable people or artwork depicted in the image. If you obtain a license, confirm that it covers the documentary and the distribution and promotional uses you plan. If you believe an exception or public-domain status applies, record the basis for that conclusion rather than treating the image’s source as proof.
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Can a short song or news clip be used under U.S. fair use?
Possibly, but there is no fixed number of seconds, musical notes, words, or percentage that makes a use automatically fair. Under Section 107 of the U.S. Copyright Act, fair use depends on the circumstances and four factors:
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- Nature of the copyrighted work: the kind of work being used.
- Amount and substantiality: how much is used in relation to the whole, including the significance of what was taken.
- Market effect: the effect of the use on the potential market for or value of the work.
The U.S. Copyright Office says limited portions may be permissible for purposes such as commentary, criticism, news reporting, and scholarship, but emphasizes that there is no numerical safe harbor. A documentary subject or educational purpose does not automatically make an excerpt fair. Nor do brevity, attribution, or a noncommercial release by themselves resolve the analysis. A use that comments on or criticizes the material may present different facts from one that uses it as decoration or atmosphere, but the full circumstances still matter.
Fair use is U.S.-specific. Other countries have different exceptions and tests; the UK, for example, has its own rules and routes, not a universal fair-use standard. For a consequential or difficult decision, consult a clearance attorney familiar with the law governing the film’s production and intended release. The Library of Congress cautions that its general guidance is simplified and is not legal advice.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Verify public-domain status and handle hard-to-trace owners carefully
In the United States, the Copyright Office says works published in the United States before January 1, 1931 are currently in the public domain. That cutoff should not be extended to unpublished material, works published elsewhere, or works with other facts affecting their term. For an individual item, investigate authorship, publication history, and the law that applies rather than relying on a date or a repository label alone.
Library of Congress holdings need their own rights check. Read the item’s “Rights and Access” or “Rights Advisory” information. The Library generally does not own copyright in collection items and cannot grant rights it does not hold. Being available online or held by a library does not itself clear an item for a documentary.
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If an owner is difficult to identify, investigate the creator, publisher, archive, registration records, and available rights information, and keep a record of your search. An orphan work—one whose owner cannot be located—is not automatically free to use. The UK government describes a route that includes checking copyright and exceptions, conducting a diligent search, and considering an orphan works license where applicable. That is a UK-specific route, not an American license or a substitute for checking the rules in the country relevant to your use.
Keep a clearance log and carry restrictions into delivery
Store the permission evidence and the practical obligations together, so the production team can see not only that an asset was reviewed but what the review allows. A useful log includes:
- Asset identifier, description, source, creator, and likely rights holder.
- Contact attempts and the date and result of each response.
- Signed permission or license, plus the name and authority of the signer where known.
- Authorized edit, duration, territories, distribution formats, term, and promotional uses.
- Required credit wording and any restrictions on editing, context, exclusivity, or reuse.
- Renewal or expiration dates and the person responsible for tracking them.
- For public-domain or exception decisions, the facts and reasoning supporting the conclusion, including the intended use assessed.
Give relevant limits to the editor, producer, distributor, and anyone preparing trailers or publicity. Track music that is audible in licensed clips in the cue sheet, and check that any related permission covers it. Before delivery, compare the actual cut and planned release with the log; a clearance for one edit or release is not proof that a changed version is covered.
When permission is unavailable, change the plan rather than assuming consent
If a rights holder cannot be found, refuses permission, or offers terms that do not fit the release, inability to obtain a license does not create permission. Consider replacing the item, commissioning a new work, using material with clear license terms, or narrowing the excerpt or its use. If you are considering a legal exception instead, make a specific, documented assessment of the proposed use and the applicable country’s law; do not treat that route as a blanket substitute for clearing every right in a composite clip.
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