Film Copyright Rules
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Overview
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Rules about copyrights for films and movies are found in federal copyright law. These laws determine who owns the copyright, who can use the material in the film and when users need the copyright owner’s permission to use the creative work. These laws also cover the unauthorized copying or showing of films.
Ownership
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Someone who creates a work that is in a fixed state automatically owns the copyright from the time the work is created. The creator does not need to register a copyright to own one. A film is a fixed form of a creative work, so a film is copyrighted by its creator(s) from the time it is created. If two or more people collaborate on the creation of a creative work and none of them has signed an agreement saying they are working for hire, the copyright belongs jointly to the creators.
Use
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Generally, no one can use copyrighted materials without the permission of the copyright holder. Federal law has created an exception to this called the fair use doctrine. This doctrine, which is found at 17 U.S.C. Section 107, allows parts of a copyrighted film to be used without permission if the part used is small and the use does not lessen the value of the film. The difficulty with the fair use doctrine is that the language is very general and the person using the material never knows for sure if the use is legal until after a court has decided a particular case. Films can also be used without permission under 17 U.S.C. Section 110(1) in a classroom for educational purposes. In this situation the copy of the film being shown must be a legal copy. A film cannot be used without permission in a classroom for entertainment.
Showing and Copying
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The ownership of the right to show or copy a film is different from the ownership of a copy of a film, such as a DVD. The copyright owner owns the right to show or copy the film, and no one else may do so without permission. If anyone shows a film outside a private home or copies a film without permission, he can be charged with a crime punishable by both fines and prison time. Most commercial films provide notices of copyright and detail the penalties for violating it on the recording. The Motion Picture Association of America and other groups monitor pirating of films, including exchanges online and film showings where no fee is charged.
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