Copyright is a form of protection provided by the laws of the United States and other countries to the authors of “original works of authorship”, including literary, dramatic, musical, artistic, and other intellectual works. This protection is available whether published or unpublished and whether it is a completed work or only a portion of a work that has been fixed in a tangible form.
The exclusive rights granted to the owner of a copyright include the right to reproduce the work, to prepare derivative works, to distribute copies of the work, and to perform and display the work publicly. Copyright protection extends to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
- To reproduce the work in copies or phonorecords;
- To prepare derivative works based upon the work;
- To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
- To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work;
- To perform the work publicly by means of a digital audio transmission in the case of sound recordings.
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
What types of works can be copyrighted?
The following types of works can be protected by copyright:
- Literary works
- Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic, and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
- Architectural works
Copyright protection does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery. Copyright protects only the expression of the idea, procedure, process, etc.
Do personal videos qualify for copyright protection?
Yes, personal videos can be protected by copyright, assuming they contain sufficient original creative expression and are fixed in a tangible form.
A personal video, such as a home movie, wedding video, or video diary, would qualify as an audiovisual work under copyright law. Audiovisual works contain a series of related images that are intended to be shown by devices such as projectors, viewers, or electronic equipment, together with any sounds that may accompany the images. Both the visual and audio components can be protected by copyright.
For a personal video to qualify for copyright protection, the following conditions must be met:
- The work must be fixed in a tangible form. This simply means it must be recorded or written down somehow. Videos that have been recorded on film, videotape, or digitally stored would meet this requirement.
- The work must contain a sufficient amount of original and creative expression. There is no set standard for how much creativity is needed, but the work cannot be completely factual or routine. There must be creative choices in how the video is shot, edited, arranged, etc.
As long as a personal video meets these requirements, the creator of the video automatically owns the copyright from the time the recording is made. No registration or other formalities are required to get a copyright, though registration does provide additional benefits and protections.
What rights does copyright provide?
Copyright gives the owner certain exclusive rights with respect to the copyrighted work. This generally includes the right to:
- Reproduce the work in copies
- Prepare derivative works, such as edits or remixes
- Distribute copies of the work to the public
- Publicly display or perform the work
For personal videos, this means the copyright owner has control over copying, editing, sharing, and public exhibition of the video. No one else can legally exercise any of these rights with respect to the copyrighted video without permission from the copyright holder.
However, copyright law also includes some exceptions and limitations, such as fair use. Someone else may be able to reuse a portion of a personal video without permission under fair use in certain circumstances. But in general, the copyright owner has broad rights to control uses of their personal video.
How long does copyright last for personal videos?
For personal videos created on or after January 1, 1978, copyright protection will last for the life of the creator plus an additional 70 years after death.
For example, if a video was created in 2010 by someone who passed away in 2020, the copyright would remain valid until 2090. The 70-year posthumous period reverts to whoever inherited the creator’s property under their will or state law.
After the copyright term expires, the personal video enters the public domain, meaning it can be freely used by anyone without permission. But until then, only the copyright holder can authorize distributions or public displays of the video.
Do you need to register the copyright?
Copyright arises automatically when a creative work like a personal video is fixed into a tangible form. Copyright registration with the U.S. Copyright Office is not required for protection. The copyright exists whether the work is registered or not.
However, there are important benefits to registering the copyright, including:
- Registration establishes a public record of the copyright
- It allows you to sue for infringement in federal court
- It can increase the amount of damages awarded for infringement
- If registered before infringement occurs or within 3 months of publication, it establishes prima facie evidence of the validity of the copyright and the facts stated in the registration certificate
For these reasons, registering the copyright with the Copyright Office is recommended even though it is not mandatory. The registration process involves filling out an application, paying a fee, and depositing a copy of the work. For videos, this would likely involve submitting digital files or DVD copies.
What happens if someone else uses your personal video without permission?
If someone uses your copyrighted personal video without authorization, it constitutes copyright infringement. Examples of infringing uses include:
- Uploading a copy to a public video sharing site
- Incorporating clips into another video
- Distributing copies without permission
- Publicly displaying or performing the video at an event
- Making an unauthorized derivative work, like a remix or edit
If such infringement occurs, the copyright owner can take legal action. Possible remedies include:
- Injunction to stop the infringing activity
- Actual damages and profits attributable to the infringement
- Statutory damages up to $30,000 per work infringed
- Costs and attorney’s fees
- Destroying unauthorized copies
- Disabling access to infringing online materials
The time limit for bringing a copyright infringement lawsuit is within 3 years of discovery of the infringement, or no more than 10 years after the first act of infringement.
When can others use your personal video without permission?
There are some limited circumstances where others may use your personal video without permission under copyright law exemptions, such as:
- Fair Use – Using a short clip for purposes like news reporting, commentary, parody, education, or research may qualify as fair use.
- Incidental Use – Background or incidental uses may be allowed, such as your video playing on a TV briefly in another video.
- First Sale Doctrine – Those who buy lawful copies can resell or rent those physical copies without permission.
However, these exceptions are narrow and fact-specific. It is usually safer to get permission from the copyright holder when possible. Unauthorized sharing or distribution that does not qualify for any exemption still creates liability for copyright infringement.
Consulting an attorney is recommended if you need guidance on copyright issues related to a personal video. There are complexities around proving infringement, evaluating defenses, and determining remedies that require legal expertise.
How can you prevent misuse of your personal videos?
Here are some tips to maintain control over personal videos covered by your copyright:
- Register your copyright to strengthen your ability to enforce it.
- Include a copyright notice on physical copies (e.g. “Copyright 2022 John Smith”).
- Only share digital copies with trusted individuals.
- Use technological protection measures, like disabling embedding and downloads.
- Consult an attorney about sending DMCA takedown notices for unauthorized online uses.
- Consider a service that helps track and manage online uses, like Pixsy.
- Educate friends and family about respecting your copyright.
While copyright arises automatically, taking proactive steps can deter misuse as well as position you to take action against any infringements. Understanding how copyright law applies to personal videos enables you to fully leverage your rights.
Conclusion
In summary, personal videos containing original creative expression can be protected under copyright law like any other audiovisual work. The copyright provides the owner with exclusive rights to copy, distribute, modify, and publicly display the video. Registration is not required but offers advantages in copyright enforcement. Unauthorized use constitutes infringement which carries significant remedies. However, there are narrow exceptions like fair use to consider. With proper precautions, personal video creators can maintain control over their copyrighted works. Consulting an attorney is recommended for guidance on enforcement or resolving disputes over use of a copyrighted personal video.