How to Copyright Videos or Movies

US copyright law provides coverage and protection for motion pictures and video recordings. Under the law, motion pictures are defined as “audiovisual works consisting of a series of related images that, when shown in succession, impart an impression of motion, together with any accompanying sounds”. Copyright of a motion picture is dependent upon its being fixed to a hard copy, either in the form of a reel of film, a video tape, a video disk or some form of digital file. Immediately upon this fixation, a motion picture is considered to be “created”, and its copyright is immediately established. You may later choose to pursue registration of the copyright for liability’s sake, but this is not altogether a necessary step.

It’s worth noting that while the camera work, particular dialogue, and sound used in a motion picture is protected by copyright, more intangible matters like the “idea” behind a work, or even certain characters, cannot be copyrighted. In addition, live telecasts of a written script, or a basic treatment of a motion picture that has yet to be filmed cannot be copyrighted as a motion picture.

The publication of a motion picture is an interesting discussion in its own right. In order for a motion picture to qualify as “published” in terms of copyright law, one or more copies must be distributed to the public by sales, rental, lease or lending. This requirement can also be fulfilled if an offer is made by a wholesaler, retailer, broadcaster or motion picture distributor to distribute the film on behalf of the original author. Physical copies, however, must be made and distributed in order for either scenario to count as publication; mere exhibition of the movie or video doesn’t count.

Along with books, recordings, photographs and other audiovisual works, motion pictures are generally considered for inclusion in the Library of Congress’ collections. If you decide to actively pursue registration of a copyright for a film instead of just accepting its inherent copyrighted status upon its initial creation, you’ll be required to send in certain materials including copies of the film in various formats. For certain works, these will then be retained in the library’s collection for posterity. In the worst case scenario of total destruction of all other copies, this original will then still exist within the library’s archives and will thus remain available to future generations.

Search for More Copyright Information


Permalink Print