When University of Houston MFA student and artist Sarah Welch spotted her mural, “Commute,” in an episode of the reality TV show “Bad Hair Day”— used without her permission — she knew something was off.
What began an upsetting discovery quickly became a valuable lesson in copyright law, not just for Welch but for a team, comprised of law students and recent alumni, from the University of Houston Law Center’s Entertainment Law Clinic. Together, they took on Warner Bros. Discovery and TLC, ultimately securing a favorable settlement through the Copyright Claims Board — gaining real-world hands-on legal experience in the process.
Sarah Welch is the artist behind a prominent temporary vinyl mural entitled, “Commute” that was featured on the Main Street Marquee, a billboard-sized canvas in Downtown Houston for several years. Welch, a local artist and a student in the University of Houston’s Master of Fine Arts Program, spotted the improper use of her work in a reality television program.
When she first discovered this, she contacted Texas Accountants & Lawyers for the Arts who referred her to the Law Center’s Entertainment Law Director Justen Barks, a 2013 graduate of the Law Center.
Welch ended up being represented by a team from the Entertainment Law Clinic, comprised of alumni and 2025 J.D. candidates. The team included Madison Moehlig ’23, Jordan Marget ’24, Bailey Pruitt ’24, Matthew Frost ’24, Benigno Solis ’24, and Class of 2025 members Rachel Regner and Sarah Wickell. Co-professor Erin Rodgers and clinic volunteer Daria Adler also contributed to the case.
“Originally I was simply seeking to recoup the small licensing fee, which should have been paid, but the production companies involved denied any responsibility or payment for the use of my art,” Welch said. “Working with Justen and the student-helmed team at the clinic, we were able to put together a case for the CCB. Since the CCB is a new entity, there was a lot of uncertainty about how the proceedings would play out, especially because of the production companies’ ability to throw virtually unlimited time and money into shutting down our protest.”
Welch said she was appreciative of the Entertainment Law Clinic’s transparency about the process.
“The students I worked with were exceptionally strong-willed, patient and generous with their time. They made the process far more accessible for me and made sure I understood what was happening at every step of the way,” she said. “While my team shouldered the majority of the burden in this case, this was my first serious copyright proceeding. It was
stressful to make decisions, not knowing how things might turn out or how the CCB would interpret the details of our claim.”
She added that receiving a positive settlement from the CCB was a huge relief.
“I graduated before the case was resolved; however, I am very happy the UHLC Entertainment Law Clinic can serve as a resource to our community,” Frost, an associate attorney at Winston & Strawn LLP said. “I learned the importance of being prompt in my work. I also learned there were many procedural issues beyond the law that you do not learn about in law school. I appreciated the ability to encounter these early on in a learning environment.”
Pruitt said this was her first-ever filing. The experience made for an enjoyable process.
“It opened up an entire new area of law to me,” Pruitt said. “It feels amazing that the client received a favorable outcome. We are so proud of Sarah for sticking up for her art and knowing her worth. No matter the outcome, we were proud to represent a local artist. But a favorable outcome just made everything that much better for both the clinic and Sarah.”
Marget, who is now an attorney at Olson & Olson LLP, drafted the plaintiff’s petition which sparked his interest in pursuing a career in litigation.
“This experience required adapting to both federal standards, as well as the Copyright Claims Board’s newer, less defined standards. Navigating this new tribunal required growing in my precision and adaptability,” he said. “Navigating the CCB’s rigorous compliance process was challenging but ultimately strengthened my attention to detail.”
Marget appreciated the Entertainment Law Clinic’s mission to protect the intellectual property rights of artists, while teaching students lawyering skills through real-life application and client interaction.
“The favorable outcome for our client was both validating and inspiring. It underscored the impact that the privilege of a legal education can have on protecting artists' livelihoods and creative integrity,” Marget said. “This experience showed me firsthand how meaningful a positive outcome can be for those who rely on their art. Beyond legal skills, I gained a profound sense of responsibility and purpose in helping creators safeguard their work.”
Wickell joined the case after it had already been filed, and her primary role focused on settlement negotiations and representing Welch in appearances before the CCB. She worked closely with Barks and Regner to develop an effective litigation and settlement strategy.
“I particularly enjoyed learning to navigate the CCB process, as it’s a relatively new system,” Wickell said. “Participating in a settlement conference with a major media company was also a standout experience. It taught me a great deal about the nuances of negotiating with large entities, including the importance of preparation, flexibility, and clear communication.”
For Regner, the case marked her first time preparing for and experiencing a mediation.
“I learned some important negotiation tactics that helped give our client the upper hand and I learned that while mediation is still somewhat adversarial, at the end of the day, the other party also wanted to reach a settlement and resolve the issue,” she said.
“In the legal world, it is uncommon for the little guy to win. Big companies always have more money and resources to keep the case moving until they get the outcome they want. Helping Ms. Welch knock some big players down a peg felt very gratifying because it was a victory for the underdog.”
Just as this was a gratifying learning experience for the UH Law Center students and now-graduates involved, Welch also learned several critical lessons she is sharing to help other artists also protect their work. What she initially believed would be a simpler process quickly became convoluted by the show’s production team.
“I expected them to recognize that they made a mistake, that I should have been contacted for clearance, that the licensing fee should have been paid and then quickly work with us to rectify the situation,” Welch said. “The original licensing fee in question would have been very modest, maybe less than your average person would even bother to pursue. However, for me, small payments like this are generally what make up my income as a self-employed artist.”
Before exhibiting the "Commute" artwork in downtown Houston, Welch had very limited experience with licensing requests from television and film production companies.
“I don't think it's widely known by artists who do mural work or exhibit art publicly in this way, that they are owed something when their work is reproduced for huge audiences like this,” she said. “Throughout this case with CCB and UH [Entertainment] Law Clinic, I've made a point to talk to other artists about what I've learned, and make sure they are better prepared to navigate these situations.”
Original source can be found here.