Copyright and Pastiche Network Opinion May 2024
This opinion, prepared by an interdisciplinary group led by found-footage film makers and including colleagues from law, academia, film distribution and rights clearance (the Pastiche and Copyright Network), examines the shared and distinct experiences of Graham Rawle in creating Woman’s World (2023) and Siobhan Davies, collaborating with David Hinton and Hugo Glendinning, in producing Transparent (2023). It reflects on how and why they, along with the members of the Pastiche and Copyright Network, believe the ‘pastiche exception’ in law applies to these cultural practices.
Whilst not presenting a binding legal argument, this opinion suggests that thoughtful application of these processes could mitigate the risk of copyright infringement claims. Although a definitive UK court case on pastiche may never materialise, this opinion aims to reassure found-footage filmmakers that pastiche may apply to their work. It emphasises that they are not ‘stealing’ source material when the pastiche exception is valid, nor do they need permission from or make payment to rightsholders for material used under this heading. Thus, artists’ creativity need not be constrained by licensing considerations.
The role of pastiche in fostering new forms of artistic expression and cross-platform cultural dialogue is central, alongside the belief that nurturing this approach could bolster a vibrant creative economy.
This opinion seeks to inform distributors, copyright collecting societies, rights holders and intermediaries that the pastiche exception is a democratic aid for fair negotiation. It represents a thoughtful compromise between artistic freedom and copyright protection, whilst promoting responsible use of existing material.
We hope this opinion will be widely circulated, helping to establish industry-wide best practices in this growing area of creative expression.
Gareth Evans, Writer, Curator, Presenter and Producer