Is there any legal issue or copyright law infringement if a streaming video source is used in a documentary?
State/Country relating to question: Texas
Looked through various sources online, but none that could answer my question
Hi, my name is XXXX XXX Im researching your answer now.
Fair Use is the right, in some circumstances, to quote copyrighted material without asking permission or paying for it. It is a crucial feature of copyright law. In fact, it is what keeps copyright from being censorship. You can invoke fair use when the value to the public of what you are saying outweighs the cost to the private owner of the copyright.
Thank you very much.
For your reference, here is a link to some examples of successful fair use in documentary film making.
Here are more successful ways to use copyrihgted materials in your documentary.
Each source used by the documentary would have to be evaluated on a case by case basis to see first if there is an enforceable copyright, ie, whether is falls in the public domain. If a copyrihgts exists, you can only use it if your use falls within the fair use exception.
Ok. I asked due to the fact that my film company is shooting a documentary and we are pretty sure there will be other film sources at the event we are shooting at and we are unsure of the legal ramifications of this. As in, if it came to it, any footage shot by one of the other sources being streamed could be used in our documentary.
Copyright is granted upon creation of a work. Those rights cannot usually be enforced until registering with the US Copyright Office. If the images were streamed live to a public website, it may be public domain. But the broadcast may still have rights. Without getting into litigation, its difficult to tell. But your best bet would be to secure thier permision. Otherwise, the exceptions for fair use are ambiguously defined by the courts so there is no clear standard to follow. Hence, the examples of successful fair use in documentary film making.
Thank you very much. That did answer my question. I truly appreciate your advice and help.
If I can provide you with any additional service, please don't hesitate to ask. You can request me directly or just put "To Bart" at the beginning of your question. A rating of “OK SERVICE” and above will allow me to get credit for my work. Bonus is not mandatory but much appreciated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).