Video Copyright Laws
Federal copyright laws are very specific about the use of videos and other works of authorship--you must gain the permission of the owner in order to publicly view the work. This includes feature films on video or DVD and instructional videos. It is important to note that venues that show movies pay for the privilege to do so. Are there other ways around the copyright laws? What do you need to know about video copyright laws and private use?
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Federal Copyright Act
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The Federal Copyright Act of 1976 is the legislation that is the basis for all copyright law in the U.S. Portions of this law are used by other countries, too. This set of laws outlines the rights of copyright holders. Copyright holders are interpreted as being the owners of the copyrighted material. Within the Copyright Act of 1976 there is a doctrine referred to as the doctrine of "fair use," which allows for limited use of copyrighted items for particular purposes. This doctrine outlines when and how a video can be used by someone other than the owner.
Ownership vs. Use
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A copyright is legal protection for anyone creating an original work. This includes video works, paintings, plays, film scripts. The work does not have to be published in order for the copyright to hold. The laws do not allow for a copyrighted video to be shown in a public venue unless the venue has been licensed as a place of public exhibition. Purchase of a legal video allows for its use to be viewed in the home but not copied or disseminated nor used in a public venue.
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Video And Public Exhibition
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Legal requirements for copyrighted video material are in effect because the copyright holder retains the public performance rights. The owner of the copyright must give permission for public viewing regardless of:
-how the video was obtained
-whether an admission fee is being charged
-whether the group is non-profit or is a commercial business
-whether a government entity is involved, be it state, local or federal
Exempting Educational Use
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Known as the face-to-face teaching exemption as well as the Educational Exemption, this portion of the fair-use doctrine is outlined as a particular action that will allow for the showing of copyrighted video material. The following criteria will need to be met in order to pass the copyright laws. At the time and place of showing the video:
-a teacher/instructor must be present.
-the video viewing must take place in a classroom and only by the enrolled students.
-the subject matter of the video must be part of the curriculum being taught at that time.
-the video must be a legal copy.
Prosecuting Copyright Infringement
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It is important to remember that copyright laws protect ownership of all originally conceived videos and other original works. There are reasons to support the copyright laws that include the ability of the author to recoup his investment of time and be encouraged to continue his research and development of other works. Copyright laws can stir the making of creative works. The movie industry, publishing industry, writers, artists, scientists and other authors have the right to protect themselves through the courts to ensure copyrights are retained.
Public Performance Site License
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Schools can view copyrighted videos and entertainment movies when they purchase a public performance site license. Licenses can be purchased for one-time viewing or viewing on an annual basis. When showing a copyrighted work, the instructor has the opportunity to discuss copyright laws with the students and further the understanding of ownership of creative works.
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