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Copyright Law - Are original videos posted on company website protected?
Anonymous2 views5 answers
A Florida internet marketing company has "created" an informational/entertaining 2 minute video to explain their services; search engine optimization and how it works. They are very proud and pleased with the video and would like to protect others from utilizing it. Is it really as simple as notifying the public of the copyright claim by placing the (c) alongside and in the video?
My research says it must be given to the public in a tangible form. Does posting on their websites qualify as a tangible form?
Thanks so much!
The video gained copyright the second it was put into a tangible medium (i.e. the video was created or even earlier when the script was written). However, there are many advantages to registering your copyright with the U.S. copyright office. These advantages include public record of ownership, availability of statutory damages in the event of an infringement and the ability to bring a legal action against infringing parties, among others.
All this for $35 per registration. There is no reason you should not register your copyright.
Yes your video is protected by the copyright notice, but it is much better for you to also take the next step of registering it with the copyright office.
Once the video is created (whether posted or not) copyright attaches to the work. Whether the right belongs to the videographer, the production company, the website owner or the marketing company will depend on agreements. Provided you are the rightsholder, you are free to put the copyright symbol next to the work.
"My research says it must be given to the public in a tangible form. Does posting on their websites qualify as a tangible form?"
I'm not exactly sure what that means, but the law is that as soon as an idea is expressed in tangible form, it is protected by a copyright. That means as soon as the ink goes on the paper, the image goes on the film, or anything else that can be perceived by a human being. So yes, as soon as the video is captured, it is protected, regardless of whether it is posted on the website or not.
Displaying a video on a web-site constitutes "publication" according to several recent cases, and therefore, as soon as the video was displayed on the web-site, it automatically achieved copyright protection. Note, however, that registration with the U.S. copyright office is a pre-requisite for bringing suit for copyright infringement. If you don't register, you can't do anything to enforce your copyrights. Further, it is critical to register within three months of the first date of publication (in this case, within three months of the first display of the video on its web-site). If you register within three months of publication, you are entitled to statutory damages and attorneys fees---which is a very big deal in my world of copyright litigation. If you don't register within three months of publication, you may lose the right to obtain statutory damages and attorneys fees. Statutory damages range from no less than $750 up to $30,000 per work, and can go as high as $150,000 per work if the infringement is willful. There are similar provisions for statutory damages under the Digital Millennium Copyright Act (although they are not quite as lucrative). Note that registration is not a prerequisite to a circumvention claim under the DMCA.
If this company is serious about protecting its rights in the video and related IP rights, then it should retain IP counsel to advise it on a regular basis. Anyone in the "internet marketing" business will face a wide range of intellectual property law issues on a daily basis-----and IP counsel should be on "speed dial" for such a company. The investment in IP counsel is worth it in the long run.
