Main Page: Video Tips Pages for the New Videographer's and
Editors - The Basics -Video Tips #1 - Video Tips #2 - Digital Video Editing Tips
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The LAW, Copyright and other legal issues for anyone involved in video production.
I considered putting a bunch of legal stuff on this page but decided aI am NOT the person to do that. Instead, I'm going to point you to the best resources I have found.
Don't know much about the law and production? Here is a great place to start. Check out Entertainment Attorney Gordon P. Firemark's web sites Check out all of his legal pages and blogs, sign up for his free e-newsletter and download ALL of his podcasts. Beleive me, they are a real eye opener if you plan to make a living in this industry.
These sites and podcasts give you insite to the business and legal operations of the industry, and Mr. Firemark has something for everyone, Theatre, Film, Television, Music & New Media, he has it all covered. As a lawyer in production central: Califorinia, he works with just about everything you can shake a stick at. His podcasts are so good that lawyers can get educational credit's. However, his podcasts and information presented are still understandable by us non-lawyer working Joe's.
Entertainment Attorney Gordon P. Firemark answers your questions on topics such as:
* FILM: covering option agreements, finance, chain of title issues, talent agreements (scriptwriters, film directors, actors, composers, set designers), production and post production and trade union issues, distribution issues, motion picture industry negotiations distribution, and general intellectual property issues relating to copyright and, to a lesser extent, trademarks;
* MUSIC: including talent agreements (musicians, composers) producer agreements, and synchronization rights, music industry negotiation and general intellectual property issues relating to copyright;
* TELEVISION and RADIO including broadcast licensing and regulatory issues, mechanical licenses;
* THEATRE: including rental agreements and co-production agreements, and other performance oriented legal issues;
* MULTIMEDIA, including software licensing issues, video game development and production;
* PUBLISHING and print media issues, including advertising, models, author agreements and other copyright related issues;
* VISUAL ARTS AND DESIGN including fine arts, issues of consignment of artworks to art dealers, moral rights of sculptors regarding works in public places; and industrial design, issues related to the protection of graphic design elements in products.Theatre Lawyer Blog - http://firemark.com/pages/theatre-lawyer/
The Law & Video Podcasts from the DV show - http://www.lawandvideo.com/ (older material but VERY good for the newest to entertainment law.)
Entertainment Law Podcast - http://www.entertainmentlawupdate.com/
Entertainment Agent Blog - http://entertainmentagentblog.com/
Twitter - http://twitter.com/#!/gfiremark
Indie Producer - http://indieproducer.ning.com/profile/GordonFiremark
The Law Offices of Gordon P. Firemark are entertainment attorneys dedicated to the legal and business affairs needs of clients in the entertainment and media industries.
10 Big Myths about copyright explained
An attempt to answer common myths about copyright seen on the net and cover issues related to copyright and USENET/Internet publication.
- by Brad Templeton
Note that this is an essay about copyright myths. It assumes you know at least what copyright is -- basically the legal exclusive right of the author of a creative work to control the copying of that work. If you didn't know that, check out my own brief introduction to copyright for more information. Feel free to link to this document, no need to ask me. Really, NO need to ask. http://www.templetons.com/brad/copymyths.html
How to Buy Insurance For Your Video Business
Extensive guide helps you choose the right kinds of insurance and be a smart consumer.
NOTE: I am not a lawyer, and all of the information put here is for general education ONLY. It is collected from Internet resources that may be wrong. Law changes so fast that it might be out of date. I am not responsible nor can I be held liable, in any way shape or form, for any use of this information, or your use of it. Always contact a attourney welll versed in copyright and other entertainment law!
Let me say right off the bat, DO NOT VIOLATE COPYRIGHT. Not only is it illegal it is poor form and makes you look bad.
Copyright and YouTube
Copyright Tips From YouTube
We've been receiving a lot of questions from members about what makes a video copyright infringing and ineligible for upload on YouTube. Posting copyright-infringing content can lead to the termination of your account, and possibly monetary damages if a copyright owner decides to take legal action. Below are some guidelines to help you determine whether your video is eligible or whether it infringes someone else's copyright. You can also find copyright FAQs within our Help Center.
As a general matter, we at YouTube respect the rights of artists and creators, and hope you will work with us to keep our community a creative, legal and positive experience for everyone, including artists and creators.
How To Make Sure Your Video Does Not Infringe Someone Else's Copyrights
The way to ensure that your video doesn't infringe someone else's copyright is to use your skills and imagination to create something completely original. It could be as simple as taping some of your friends goofing around, and as complicated as filming your own short movie with a script, actors, and the whole works. If it's all yours, you never have to worry about the copyright—you own it! Make sure to follow the other guidelines in the terms of use, too.
Be sure that all components of your video are your original creation—even the audio portion. For example, if you use an audio track of a sound recording owned by a record label without that record label's permission, your video may be infringing the copyrights of others, and may be subject to removal.
Commercial Content Is Copyrighted
The most common reason we take down videos for copyright infringement is that they are direct copies of copyrighted content and the owners of the copyrighted content have alerted us that their content is being used without their permission. Once we become aware of an unauthorized use, we will remove the video promptly. That is the law.
Some examples of copyrighted content are:
- Even if you took the video yourself, the performer controls the right to use his/her image in a video, the songwriter owns the rights to the song being performed, and sometimes the venue prohibits filming without permission, so this video is likely to infringe somebody else's rights.
A Few Guiding Principles
What Will Happen If You Upload Infringing Content
Anytime YouTube becomes aware that a video or any part of a video on our site infringes the copyrights of a third party, we will take it down from the site. We are required to do so by law. If you believe that a video on the site infringes your copyright, send us a copyright notice and we will take it down. If you believe that we have removed a video that you uploaded in error and that you are the copyright owner or have permission, you can file a counter notice and let us know. Accounts determined to be repeat infringers may be subject to termination. Users with suspended or terminated accounts are prohibited from creating new accounts or accessing YouTube's community features.
Using Some Copyrighted Content in Your Videos
While videos that are direct copies of someone else's content are clear copyright violations, there are certain very limited circumstances in which the use of very short clips of a copyrighted video or song may be legal even without permission. This is known as the "fair use" principle of copyright law.
To determine whether a particular use of a short clip of a copyrighted video or song qualifies as a "fair use," you need to analyze and weigh four factors that are outlined in the U.S. copyright statute. Unfortunately, the weighing of these four factors is often quite subjective and complex. For this reason, it's often difficult to determine whether a particular use is a "fair use." If the copyright owner disagrees with your interpretation of fair use, the copyright owner may chose to resolve the dispute in court. If the court agrees with the copyright owner, then you are infringing the copyrights of the owner and you may be liable for monetary damages.
Unfortunately we cannot make a determination whether your video qualifies as fair use. If you disagree with a copyright takedown notice that you have received, you may file a counter-notification. However, we cannot offer you legal advice in these matters. If you have questions about your situation, we suggest you consult legal counsel.
If you would like to learn more about the principle of fair use, below are a few links to websites that discuss it. Please remember, however, that your decision about whether and how to exercise your fair use rights is solely yours, and we at YouTube bear no responsibility for your decision.Fair Use Links on the Web
- http://www.copyright.gov/fls/fl102.html
- http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/
- http://www.copyrightwebsite.com/Info/Law/FairUse.aspx
- http://chillingeffects.org/fairuse/
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URL's in the body of an email is the best way to help us locate content quickly.
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
YouTube, Inc.
901 Cherry Ave.
Second Floor
San Bruno, CA 94066
Fax: 650.872.8513
Email: copyright@youtube.com
To expedite our ability to process your request, complaints may now also be submitted online at http://www.youtube.com/copyright_complaint_form. You will need a YouTube account in order to utilize this tool.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Claimant information will be published on the YouTube site in place of disabled content.
If there are many videos to be removed, or you expect to have an ongoing need to remove potentially infringing content from YouTube, we suggest that you sign up for our Content Verification Program, which electronically notifies us, removing any room for error, and significantly increases the speed at which we are able to remove any infringing content.Counter-Notification
If you elect to send us a counter notice, please go to our Help Center to access the instructions.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.Content Verification Program
YouTube is committed to helping copyright holders find and remove allegedly infringing content from our site. To that end, we have created a Copyright Verification Tool that assists copyright owners in searching for material that they believe to be infringing, and providing YouTube with information reasonably sufficient to permit us to locate that material.
This tool is designed especially for copyright-holding companies to issue multiple removal requests. Individual notifications may be submitted by following these instructions.
If you already have a YouTube account, you can apply for access to this tool by filling out the YouTube Content Verification Program Application, printing it, and faxing it to the fax number shown on the printout. This form identifies your authorized agents and acts as a legal affirmation that you hold copyright to the material about which you will notify YouTube. If you do not currently have an account, please create an account, after which you can access the Content Verification Program Application.
The information contained on this web site and any linked resource is intended to provide general information and does not constitute legal advice. The content is not guaranteed to be correct, complete, or up-to-date. You should not act or rely on any information in this web site without seeking the advice of an attorney.
In reading the articles posted on this web site please note that the information provided is not a substitute for consulting with an experienced attorney and receiving counsel based on the facts and circumstances of a particular transaction. Many of the legal principles mentioned are subject to exceptions and qualifications which may not be noted. Furthermore, case law and statutes are subject to revision and may not apply in every state. Because of the quick pace of technological change, some of the information in these articles may be outdated by the time you read it. Readers should be aware that business practices, distribution methods and legislation will continue to evolve in the rapidly changing multimedia and entertainment industries.
The information is provided “as is” and I makes no express or implied representations or warranties, including warranties of performance, merchantability, and fitness for a particular purpose, regarding this information. No guarantee is given or made as to the completeness, accuracy or timeliness of this information. Your use of this information is at your own risk. You assume full responsibility and risk of loss resulting from the use of this information. I will not be liable for any direct, special, indirect, incidental, consequential or punitive damages or any other damages whatsoever, whether in an action based upon a statute, contract, tort (including, without limitation negligence) or otherwise, relating to the use of this information.
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1999 - THE VIDEOGRAPHER AWARDS - Award of Excellence - "Survival", Chester Boot, Videographer/Editor 1999 - TELLY AWARDS - Winner - "Cutting Edge", Today's Headlines, Editor 1999 - TELLY AWARDS - Finalist - "Survival", Chester Boot, Videographer/Editor 1999 - TELLY AWARDS - Finalist - "Image SE MI", Comcast, Writer/Producer/Videographer//Editor/VO 1997 - GOLDEN GOBO AWARDS - Winner, (Best Comcast Spot Nation Wide.), "Survival", Video/ Editor 1995 - TELLY AWARDS - Winner - "It's My Car", Saturn of Southgate, Writer/Producer/Interviewer/Editor 1987 - Michigan Safety Council - 2nd Place - "Bomb Threats & Search Techniques", Mercy, Dir./Editor/Writer 1985 - American Hospital Assoc. - 1st Place -"Silently, Lovingly ....", CO-Producer/Director/Editor/Camera 1972 - ADDY - Amer. Advertising Federation of Florida - 1st Place- Radio,"Great Expectations" Writer/Talent
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