I am a journalist and I went to a event and recorded a clip from my publication. My publication doesn't have a exclusive video player, so I uploaded to YouTube and onto my site.
I wake up in the morning and numerous publications (our competition) have taken our video and used for their sites. Of course, I wasn't given credit directly. Is this legal? Also, would it be ok to say that my work has been technically featured on their site?
Thank you!
Copyright in the work exists the minute it is created, whether it is registered with the copyright office or not. Registration is required if you intend to file a lawsuit. Also since it was not registered at the time of the infringement, you will not be able to get legal fees or statutory damages but will instead be limited to your actual damages. You have several options - sending takedown notices to the sites that have posted the video; sending cease and desist letters demanding damages; working out an agreement with the sites to let them use it as long as they give accreditation; or filing a lawsuit. Without all the details, no lawyer can tell you what is the best course so I suggest you use to find an IP lawyer to assist you.
My recommendation is to begin by speaking with an intellectual property attorney who handles infringement issues so that they can understand the full scope of action. However, you do have legal recourse available at this point since copyright protections are afforded the moment the works is placed into "literary form." However, without registration your recovery will be limited to only actual damages which may still be substantial but you will not be able to recover statutory and attorney fees without prior registration. There are several options available to you at this point, most common are takedown notices or a well drafted cease and desist letter. My advice is to start by speaking with an attorney and mapping out the best course of action.
Mona R ConwayBusiness AttorneyHuntington Station, NY ·
Generally speaking, what you create is your copyrighted material. You do not have federal copyright protection unless you file for a copyright with the Copyright Office (Library of Congress). However, it doesn't sound like you want to go that far. It sounds like the promotion you are receiving for your video is helpful (though infringing). I'd recommend trying to get a licensing agreement. It's a bit tricky, but an IP attorney can assist you. Also, I see no reason why you wouldn't be able to state the fact that your work is on another's site. But, be careful, as that will viewed as permission and, therefore, no remedy for your copyrights. Here's hoping it goes viral! ... if that's what you want.
