Stock footage is a valuable resource for filmmakers looking to enhance their projects without the cost and time associated with shooting every scene from scratch. However, improper use of stock footage can lead to legal issues, including copyright violations, licensing disputes, and unexpected costs. Understanding the legal considerations when using stock footage in films ensures that your production remains compliant and protected.
For a detailed breakdown of how to legally incorporate stock footage into your projects, check out my upcoming book, Lights, Camera, Legal: A Filmmaker’s Guide to Entertainment Law (Coming Soon!). This book explores licensing agreements, rights management, and essential legal safeguards to keep your film protected.
Before adding any soundtrack or sound effects to your film, make sure you understand the legal requirements outlined in our article on Music Licensing for Filmmakers.
Understanding Stock Footage Licensing
Stock footage is typically sold under a licensing agreement that dictates how it can be used. Filmmakers must carefully review these agreements to avoid infringing on the rights of the footage owner.
Common Types of Stock Footage Licenses
- Royalty-Free (RF) – Allows filmmakers to pay a one-time fee for unlimited use without ongoing royalties. However, it may come with restrictions on distribution or modification.
- Rights-Managed (RM) – Requires filmmakers to specify how and where they will use the footage. Pricing and restrictions depend on usage factors such as audience size and distribution channels.
- Editorial Use Only – Can be used only for non-commercial, news, or documentary projects and not for marketing or advertising purposes.
- Creative Commons (CC) – Some stock footage falls under Creative Commons licenses, which may allow free use under specific conditions, such as attribution or non-commercial use.
- Public Domain – Footage that is no longer under copyright and can be used freely, but filmmakers should verify that it is truly in the public domain.
For more details on licensing intellectual property, check out our guide on Intellectual Property for Filmmakers.
Avoiding Copyright Infringement
Even when purchasing stock footage, copyright issues can arise. To prevent legal disputes, filmmakers should:
- Confirm Licensing Rights – Always read the licensing agreement carefully to ensure compliance.
- Verify Ownership – Some stock footage websites may sell content that has unresolved copyright claims.
- Avoid Unauthorized Modifications – Some licenses prohibit altering footage, such as cropping, adding effects, or using it in a misleading context.
- Check for Releases – If footage contains recognizable people, brands, or private property, ensure the seller has obtained model and property releases.
Model and Property Releases
If stock footage contains people or recognizable private locations, filmmakers must confirm that the footage provider has obtained model and property releases. Without these, the individuals or property owners featured in the footage may have grounds to sue for unauthorized use.
What to Look for in Releases:
- Model Releases – Required when using footage that includes identifiable individuals in a commercial project.
- Property Releases – Necessary for footage featuring private property, including homes, landmarks, and branded locations.
- Trademarked Items – Logos, packaging, or artwork visible in stock footage may require additional clearances.
For guidance on securing rights, visit our article on Filmmaker Contracts Essentials.
Common Mistakes When Using Stock Footage
Filmmakers often assume that once they purchase stock footage, they can use it freely. Here are some common mistakes to avoid:
- Assuming “Royalty-Free” Means No Restrictions
- Even royalty-free licenses have usage limits. Some prohibit TV broadcasts, resale, or modifications.
- Failing to Read the License Agreement
- Every stock footage provider has different terms. Not reviewing them can lead to legal conflicts.
- Using Editorial-Only Footage in Commercial Projects
- Editorial-use footage cannot be used in advertisements, brand campaigns, or fictional films.
- Not Checking for Releases
- Using footage of a person or location without proper releases can lead to lawsuits.
- Mixing Licensed and Public Domain Footage Without Verification
- Public domain footage is often mislabeled. Verify its status before use.
Where to Source Legitimate Stock Footage
To avoid legal trouble, filmmakers should use reputable stock footage providers that offer clear licensing terms and proper documentation. Some trusted sources include:
- Premium Paid Stock Footage:
- Free or Low-Cost Stock Footage:
Always verify licensing terms before using any footage.
What Happens If You Use Stock Footage Illegally?
Using stock footage without proper authorization can lead to legal and financial consequences, including:
- Copyright Infringement Lawsuits – The copyright owner can take legal action for unauthorized use.
- Monetization Loss – Platforms like YouTube may demonetize or remove videos with unlicensed footage.
- Fines and Damages – Some stock footage providers actively monitor and enforce their licenses, issuing takedown notices or fines.
To ensure legal protection, visit our guide on E&O Insurance for Filmmakers.
How to Handle Licensing Disputes Over Stock Footage
Even if you obtain stock footage legally, licensing disputes can still arise. This can happen if:
- The footage seller didn’t have the right to license the content.
- The footage contains unreleased recognizable individuals or trademarked elements.
- The footage was previously licensed with exclusive rights, but the provider failed to remove it from stock libraries.
Steps to Take If You Face a Licensing Dispute
- Review Your License Agreement – Ensure you followed all terms and conditions.
- Contact the Stock Footage Provider – Reputable platforms often assist in resolving claims.
- Provide Proof of Purchase – Keep records of receipts and licensing terms.
- Negotiate Usage Rights – If a dispute arises, some parties may allow you to pay for extended rights instead of facing legal action.
- Consider E&O Insurance – If your film is at risk of a lawsuit, Errors and Omissions (E&O) insurance can help cover legal fees.
Frequently Asked Questions
Can I use stock footage in a film that will be sold on streaming platforms?
- Yes, but only if the license allows for commercial use and distribution. Check platform-specific requirements.
What if a stock footage provider sells footage without proper releases?
- Filmmakers should obtain written proof of releases before purchasing. If unavailable, avoid using that footage.
Can I resell or redistribute stock footage I’ve purchased?
- No. Most stock footage licenses prohibit resale, redistribution, or inclusion in stock footage libraries.
Is it safe to use free Creative Commons footage?
- Sometimes, but verify the license terms and check for required attribution before using it in commercial projects.
Final Thoughts
Stock footage can be a cost-effective and visually powerful tool for filmmakers, but legal risks arise when licenses and restrictions are ignored. By carefully reviewing licensing terms, verifying releases, and sourcing footage from reputable providers, filmmakers can avoid disputes and costly legal issues.For more expert insights on film law, pre-order Lights, Camera, Legal: A Filmmaker’s Guide to Entertainment Law. If you need legal assistance with licensing or rights clearance, contact us today.
