Copy it right: Video Copyright

What I really love about video documentary is the freedom to integrate footage, sounds, images and words from diverse sources into powerful, emotional, multi-media extravaganzas. But there's a danger lurking here: US Copyright laws. Just because you find it on the web (or the TV, or your CD drawer) doesn't mean you can use it. So, what can you use?

Well, I am no expert, but according to my internet resources, here are some things which might be available:

Video you shoot: In general, you own the copyright in the footage you shoot. The main exception is a "work for hire": if you shot the video as an employee or if you shot it for another producer as part of a larger project then you probably don't have the copyright. There are a couple of other minor exceptions: US Copyright guidelines.

US Government footage: The federal government is not entitled to copyright protection. Generally speaking, works created by the US government that have been made public are free of copyright restrictions. This category includes a vast archive of historical images and film footage (especially war-related): Issues affecting the US government.

Material in the public domain: Pretty much anything on which copyright has run out can be used in your video biography. The trick is knowing when that has happened. The general rule is that copyright lasts for the life of the author - plus 70 years. For corporate works (e.g. a Disney cartoon) the term is 95 years from first creation. Works created prior to 1923 (e.g. early Charlie Chaplin films) are now in the public domain: UNC Table.

Short clips that help explain: Copyright law allows "fair use" of a work even though copyright is owned by someone else. This area is a bit murky, but using copyright material in a documentary in a historical sequence or to illustrate an argument or point may well qualify as "fair use". Among other factors, it would be important that the source was attributed, that the extract lasted no longer than strictly necessary, that more than one source was used, and that a license couldn't be obtained or its terms would be excessive for the project: Best practices in fair use.

Works with the author's permission: This is obvious, but if you really want to use some piece in your video - it never hurts to ask. If the piece is non/low-profit and not destined for broadcast, the copyright owner may just say yes. Especially regards music, new bands (look on MySpace) are often keen to have their music featured (and credited) in a film for no charge. If you are lucky enough to get the permission, get it in writing.

Other laws, other factors: What about the situation where you shoot some video to which you own the copyright, but the subject refuses to give permission to use it, or changes their mind? It is never a good idea to go against the wishes of the subject - it is bad business (if you are in business) and with all the laws floating around out there, it is potentially very time consuming. For example, in most states you can be sued for "publication of private facts": Citizen Media Law Project. While there seems to be a high threshold for this kind of suit, it is always best to get the subject's consent for publication - up front and in writing.

Disclaimer: This is just a short summary based on some internet research I did recently. No one should rely on this material in making decisions that could affect their legal rights. If you have any questions involving copyright, consult your attorney!

And good luck with your video biography project!