Many people think copyright infringement occurs only when someone plagiarizes someone’s written work or music. They do not realize that posting a video or media on YouTube also affects copyrights. When someone posts a video to YouTube with background music or clips of video footage filmed by someone else, copyrights are directly implicated. If the creator of the video uses anyone else’s musical material, photography, performance, or any other original work without the creator’s permission, the YouTube poster or creator is probably violating the Copyrights Act. Show
The Copyrights Act Protects Videos on YouTubeThe Copyrights Act provides legal protection for “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” A YouTube video is clearly protected by the Copyright Act to the same degree as video and audio recordings created for television, cinema, radio, or other device. The Copyrights Act gives the copyright owner the exclusive rights to engage in any of the following activities:
In summary, only the copyright owner may reproduce or prepare work that is derivative of the original work unless:
“Fair Use” Exception under the Copyrights ActThe “Fair use” exception is a legal doctrine that allows someone to use copyright-protected works without the copyright owner’s permission in certain limited circumstances. The fair use exception is probably one of the most frequently litigated defenses in copyright infringement litigation.What circumstances constitute fair use of copyrighted material is found in section 107 of the Copyright Act. It sets out the factors a court should consider in deciding whether someone’s use of the copyrighted work amounted to a “fair use” of it. The factors the court must consider are:
The law recognizes that a court may consider other factors when evaluating fair use claims. Additionally, the courts will evaluate each claim on a case by case basis– no precise formula applies to a fair use determination. However, commercial uses of the work are less likely to be deemed “fair” by the court. YouTube’s Own Copyright PolicyYouTube finds itself caught in the middle between copyright owners and video posters. YouTube receives numerous requests to take down a video based on copyright claims. To help protect itself against copyright infringement claims, YouTube has taken the following steps:
Tips for Complying with YouTube’s Copyright Policy and the Copyright Laws
Contact the Intellectual Property attorneys at KPPB LAW for more information.Protect yourself from being banned by YouTube, or worse, a copyright infringement claim. Consult with the experienced intellectual property attorneys at KPPB LAW about your copyright issues. If you are considering litigation related to a contract dispute, consider the value range of your matter with the investment of engaging an attorney to be sure your legal action makes fiscal and business sense. |