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The video professional's guide to video copyright and licensing

Feb 2, 2023

Professionally creating videos is a number of tasks. Not only do you have to spend a lot of editing time, but your day doesn't end in the editing room.

There's an additional legal aspect you should to know about as you create. This is a tiny thing known as copyright law.

Copyright is nuanced, so it's important to keep your finger on the pulse so that your knowledge up-to-dateas if you're creating without an understanding of copyright issues, what you create could get you sued.

      The viewpoints expressed in this piece are only the writer and don't necessarily reflect the opinions of. Although this information is useful and you ought to take the time to learn about copyright issues the information in this article does not constitute legal advice. Legal advice is onlyfrom a lawyer you've hired to provide advice on the specific situation. If you've got questions or want to put these concepts into practice contact an lawyer.  

The process of negotiating copyright can appear daunting and intimidating, but this doesn't have to be! In this article, you'll get the 101 of copyright...Basically, the bare minimum you need to confidently run your video production business.

In this guide

  1.    Be aware of the rights to your copyright...rights
  2.    How do you copyright your video
  3.    The reason video professionals should understand the fundamentals of copyright and licensing
  4.    Commonly asked questions regarding video copyright
  5.    Principal Takeaways

Make sure you know the rights to your copyright...rights

If you're a video producer then you're in the business of copyright. Full stop. Before getting into the nitty-gritty we'll go over the fundamentals. Briefly, let's look at what copyright does:

Copyrights protect creative work, like books, movies and music videos. poetry, sculpture, choreography and photos.

Copyright law prevents people from copying and using the work of others as the source of their original work. It's not as secure as a trademark (that secures your name) however it's identical to a patent (that protects novel innovations). Copyright doesn't also protect ideas since copyright only protects work that is fixed with tangible forms. Ideas don't become tangible until they've been transformed into an artistic work, such as film, book, or anything else that copyright protects.

Now, let's go deeper.

How do you ensure that your videos are copiedrighted?

Even though your videos have the copyright at the time you make them, it's not quite enough security.

To truly guard your videos according to the law of today's copyright in the United States, you need to sign up for a copyright. Without registration, you cannot bring a suit against someone for violating the copyright you have. Additionally, registration of copyrights provides other benefits such as attorney fees and enhanced damages in an infringement lawsuit.

It is possible to register an online copyright on the United States Copyright Office website and filling out the correct forms. The forms are complicated, and it's an excellent idea and an immense time and effort saving option--to consult an attorney who will guide you through the procedure.

There are situations that the copyright could become a little more complicated. For instance, if you collaborate with other creators to make a video, it is likely that you'll have a shared copyright.

If you also create the video as an employee, your employer might own the video. This is important to be aware of these situations are common and will affect how you can apply for your copyright.

Being a professional video producer implies that you do nothave time to worry about getting sued for using stock imagery in B-roll. Knowing the basics of copyright helps you avoid legal complications, avoid fines, and skip paying big charges.

Be sure to protect yourself by obtaining a license

There are a variety of ways to obtain the right to make use of someone else's work.

Start by thinking that you'll need the permission of whoever created the item you're planning to utilize. Therefore, even if the thing is smaller or you're making use of it often then you must assume you'll require permission.   In circles of copyrights, the process of obtaining this permission is known as licensing.

Licenses mean that the person who created of a video gives the permission for you to use the footage, image, etc.

If the creator of the original copyright is accusing you of infringing then you can point to an active license as your sole defense against copyright violation. If you don't have a license, you're putting yourself in danger of a lot of legal troubles.

In this case, for instance, you may be required to pay substantial costs for legal and other damages if using a video without proper authorization.

Two words that all video professionals should be wary of: copyright infringement.

The best way to avoid infringement is to get an authorization for everything you intend to incorporate into your videos.

Using a part of another's video? Get a license. Are you using music from someone else? That's right, you can do it...get a license.

Copyright infringement can change your life...and and not in a pleasant way. The penalties for violating the copyright of someone can range from just a couple of thousand dollars ($$$$) to hundreds of thousands of dollars. ($$$$$$). Yikes.

In addition, you have to deal with aggressive lawyers, along with the time and effort required to defend yourself. Also, excuses such as "I didn't know," "It was accidental," or "I just used a tiny amount!" typically won't work.

Now, there might be instances where you do not need one. Still, you should consult an attorney to understand how these situations work. In the case of example, if you plan to make use of Fair Use to incorporate footage in your video, then you should have legal advice reassuring you it's appropriate to use.

A second thing to consider is that, besides the legal and financial consequences for infringement, many platforms have rules that punish repeat violators (for example YouTube's "three strike" policy). For a professional video in today's crowded market, you need all the digital real estate as you can. Being blacklisted by YouTube? This is not a joke.

Well, what does Fair Use, exactly?

Fair use may not be what many people think it is. And it can lead to big issues.

Fair use allows people to use other peoples' creative works without permission, if they are using the work to provide critique and comment of the original work, or for transforming it into another form.   -

There's plenty of false information available about fair use. For instance, "If I use less than X amounts of something, it's fair use" is a classic phrase, along with "We're a non-profit, so it's fair use."

These myths are not accurate. Fair Use comes into play whenever a creative or video product is being used to:

  • Commentary
  • Educational goals
  • Criticism
  • Transformative use (this basically means the work has been transformed into a completely new manner that isn't in violation of copyright rights in the first place)

It's just scratching the surface on this topic. If you'd like to learn more about fair use fair use, the US Copyright Office offers a comprehensive review. It's suggested that you seek legal advice before deciding on fair use since the law can be a bit ambiguous and a mistake can result in huge penalties.

Certain kinds of videos are subject to different copyright rules. Below are some of them.

  • Creative Commons videos come with specific licenses that you need to adhere to. Creative Commons doesn't mean it's all-inclusive. Make sure you are aware of the rules of every Creative Commons license to ensure you understand what you can and shouldn't do using this type of resource.
  • Stock video makes it easy to get a licence for your video from various places. Different license models let you use as much video as you require.
  • Public domain videos mean a video is so old that the copyright on it has expired and it is free for make use of.

How do you determine when a clip is copiedrighted?

In default, every videos are bound by copyright laws. If you think that you require permission, request permission. An exception would be video that is public domain as they're such a long-standing tradition that anybody can utilize these videos.

If you're wondering if an image is public domain, you can Google the public domain calculators online These are database that are compiled by various universities. However, don't rely solely on these programs. Although they provide an indication of whether something's in the public domain, they're not a perfect method.

Yep! Because copyright safeguards artistic works as well as videos, which are also a kind of artistic work and copyright is a protection for videos. Like books, music, films, as well as other creative work, video is protected by copyright law. That means that nobody can take a video from a creator without permission from the creator.

What is the length of time that copyrighted video copies are valid for?

Video copyrights can last for some time. Currently, video copyrights last for 70 years plus the lifespan of the writer and 100 years from publication for a corporation. (This isn't set in stone but is subject to changes at any point, which is yet another reason to stay apprised of the latest laws governing copyrights!)

How can I get copyright rights for my own video content?

It's a good thing! Once you've created something, you automatically get copyright. However, that's not the end of the story. Also, you must team with a lawyer to make sure you register your company.

The most important key

Knowing more about the way video copyrights work will transform how you do business, no matter what it is:

  • Change the method you use to source B-roll in order to ensure you have the right license.
  • Attorneying to safeguard your videos in the event of an infringement
  • Learning how to get rights to make use of someone else's creativity on the first try, that is, with less hassles
  • Understanding how much your personal footage is worth, in case you ever want to make a little side cash by selling it
  • Not going it alone This is crucial for any scrappy professional who is just beginning. It's impossible to know the things you're not aware of!

Since copyright law is ever-changing The process of understanding the law of copyright is never complete. An understanding even at the beginning of copyright in the context of a video professional will help your company's video production success in the long run.

Keep in mind that this overview of copyright law doesn't constitute legal advice. Use this guide only with guidance from expert legal counsel that are trained to assist creators with the nuances of copyright law. **

Do you want to become part of a network of other video professionals? Become a Expert.

**This article was written in November 2022 and published in January 2023. As such, this article may not reflect current information.