White Paper: Subcontractor Video Usage and Copyright Concerns

Introduction:

This white paper addresses the manager’s concern regarding the subcontractor’s intention to use an internet video in their advertising while featuring our company’s name as a client. It analyzes the potential copyright implications under the Copyright Law of 1974 and outlines actionable steps for the subcontractor to avoid infringement.

Copyright Law of 1974 and Videos:

The Copyright Law of 1974 safeguards original works of authorship fixed in any tangible medium of expression, including audio and audiovisual works like videos. This protection extends to:

• Original expression:The video must exhibit creativity and uniqueness beyond mere compilation or arrangement of pre-existing elements.
• Fixation:The video must be captured and stored in a permanent form, regardless of the format.

Circumstances for “Use” under Copyright Law:

The principle of “fair use” allows limited and transformative use of copyrighted material without permission in specific situations. These include:

• Criticism, comment, news reporting, teaching, scholarly or research purposes:Using the video to analyze your industry, educate your audience, or showcase your achievements in a factual context might fall under fair use.
• Amount and substantiality of the work used:Fair use generally restricts the quantity and significance of the borrowed material. Using only a short clip or transformative edit might qualify.
• Nature of the copyrighted work:The nature of the video itself influences fair use. Using creative works for purely commercial purposes is less likely to be considered fair.
• Effect of the use upon the potential market for or value of the copyrighted work:Using the video in a way that harms the original creator’s potential market or diminishes the value of their work weakens the fair use argument.

Options for the Subcontractor:

To avoid copyright infringement, the subcontractor can consider:

• Obtaining explicit permission from the video creator:This eliminates ambiguity and secures legal standing for usage.
• Licensing the video:Numerous platforms offer royalty-free or paid licenses for video content with clear usage rights.
• Commissioning a similar video:This ensures originality and full ownership of the content used for advertising.
• Using alternative video sources:Public domain or Creative Commons-licensed videos offer copyright-safe options.
• Consulting a copyright attorney:Seeking legal advice specific to the chosen video and intended usage provides professional guidance and minimizes risk.

Conclusion:

Navigating copyright law can be complex. By understanding the relevant provisions and exploring available options, the subcontractor can ensure ethical and legal video usage, safeguarding our company’s reputation and avoiding potential liabilities.

Disclaimer: This white paper is not intended as legal advice. Please consult with a qualified attorney for specific legal guidance in your situation.

Additional Resources:

• United States Copyright Office: https://www.copyright.gov/
• Fair Use: https://fairuse.stanford.edu/

This white paper provides a comprehensive analysis of the potential copyright concerns and actionable steps for the subcontractor. Remember to customize it with specific details of the video content and intended usage for a more tailored and insightful document.