An innovative network of filmmakers, lawyers, and academics has recently tackled a crucial question for artists: When can you legally reuse existing creative works to make something new? The Copyright and Pastiche Network was funded by the Arts and Humanities Research Council, and coordinated by Prof Charlotte Waelde of Coventry University. It brought together experts, including CIPPM’s Dr Claudy Op den Kamp to explore how the ‘pastiche exception’ in UK copyright law applies to found-footage filmmaking.
The network’s work centred around two fascinating case studies. The first is Graham Rawle’s ‘Woman’s World,’ which weaves together thousands of clips from 1950s and ‘60s films and TV to tell a new story. The second is Siobhan Davies’ ‘Transparent,’ which uses existing images and footage to explore her journey as a dancer and choreographer.
The network’s recently published opinion paper offers encouraging news for filmmakers: When you create a new work that qualifies as ‘pastiche’ – either by imitating a style or combining existing works in new ways – you may be able to use copyrighted material without permission or payment. However, the use must be ‘fair dealing,’ meaning it shouldn’t compete commercially with the original works or take excessive amounts without justification.
Interestingly, the network found that artists often hold themselves to higher ethical standards than the law requires. For example, while the pastiche exception doesn’t require crediting original creators, many artists choose to do so out of respect and appreciation.
The network’s work aims to give artists and distributors more confidence in using the pastiche exception. This could open up new possibilities for creative expression, especially in an era where digital technology makes it easier than ever to work with existing materials.
For filmmakers wondering if their work might qualify as pastiche, the network recommends carefully documenting their creative process and choices – something both Rawle and Davies did while making their films.
Featured image: A still from Graham Rawle’s ‘Woman’s World,’ a found-footage film amalgamated by more than 25,000 clips.
