Friday, May 24, 2019

Copyright Information

If you post content that infringes someone else's copyright, your E-zekiel.tv account may be terminated and you could possibly face a lawsuit and monetary damages if the copyright owner seeks to enforce copyright rights against you.

Here is some basic information about copyright to help you figure out whether your video could be infringing.

This information is provided as a courtesy, and is not intended as legal advice. When in doubt about whether your video is potentially infringing, we urge you to seek the advice of an attorney.

Create an ORIGINAL video to stay clear of copyright infringement

The best method to keep your video from infringing someone else's copyright is to use your originality and creativity to create a completely, 100% original video. It could be as simple as recording yourself talking to the camera, or as complicated as writing your own, original script and filming it performed by your own actors. If your video is 100% original, without relying upon or being based upon anyone else's creative works, then odds are that you own the copyright in the video.

Be careful, however, to make sure that every single element of your video is your original creation, even the audio portion. For example, if you use song owned by a record label without permission or license, your video could infringe the copyrights of others, and we will take it down when we become aware of it.

The most likely reason a video will be removed from E-zekiel.tv is that a video is a direct copy of copyrighted content and the owner of the copyrighted content has alerted us that their content is being used without permission. When we become aware of infringing content, we will remove the video.

What type of content is copyrighted?

A few examples of copyrighted content include:

  • TV shows
    • Including sitcoms, sports broadcasts, news broadcasts, comedy shows, cartoons, dramas, etc.
    • Includes network and cable TV, pay-per-view and on-demand TV
  • Music videos
  • Songs
  • Videos of live events, even if you captured the video yourself (such as sports events, concerts, plays, etc.)
    • For example, with respect to concerts, even if you took the video yourself, the performer controls the right to use his/her image in a video, the songwriter owns the rights to the song being performed, and sometimes the venue prohibits filming without permission, so this video is likely to infringe somebody else's rights.
  • Movies and movie trailers
  • Commercials
  • Slide shows that include photos or images owned by somebody else
  • Books and other publications
  • Artwork

If your video includes someone else's copyrighted content, your video may be infringing, even if:

  • your video is really short.
  • you taped it off cable, or videotaped your TV screen, or downloaded it from some other website.
  • you give credit to the owner/author/songwriter.
  • you are not selling the video for money.
  • the original video did not contain a copyright notice.
  • other similar videos appear on the site.
  • you created a video made of a compilation of short clips of different copyrighted content.

What does E-zekiel.tv do with videos that may be infringing?

If E-zekiel.tv becomes aware that a video or any part of a video on the site infringes someone else's copyright, we will take the video down. If you believe that a video on the site infringes your copyright, please send us a copyright notice, and we will take the video down. If you believe that we have removed one of your videos in error and that you are the copyright owner or have permission, you can file a counter-notification and let us know, and under certain circumstances, the video may be reposted. If you repeatedly post infringing content, your account may be terminated.

What about "Fair Use"?

While videos that are direct copies of someone else's content are likely to be copyright violations, there are certain very limited situations when the limited use of someone else's copyrighted work may be legal even without permission. This is known as the "fair use" principle of copyright law.

Whether or not a particular use of a copyrighted work is a "fair use" depends upon a multi-factor test set out in the U.S. copyright statute as applied by case law. Unfortunately, the weighing of these factors is often very subjective and complex, and as a result, it can be very difficult to definitively determine whether a use is really a "fair use" or whether it is infringing. Also, it's important to realize that even if you decide that your use likely falls within the realm of "fair use," the copyright owner may not agree with your analysis and determination, and the copyright owner may chose to resolve the dispute in court. If your use is determined not to be a fair use, then you could be found liable for infringing the copyrights of the owner and you could even be liable for monetary damages.

More information regarding "fair use" is available from the United States Copyright Office at: http://www.copyright.gov/fls/fl102.html.

Play It Safe!

When it is not practical to obtain permission, use of copyrighted material should be avoided unless the doctrine of "fair use" would clearly apply to the situation. We cannot determine if a certain use may be considered "fair" nor advise on possible copyright violations. If there is any doubt, it is advisable for you to consult an attorney.