Q: Why is downloading movies, TV, and music illegal?
A: Downloading these kinds of files involves making a copy on your computer. Only the copyright holder can authorize making copies. It also robs the copyright holder of any monetary compensation they would have otherwise gotten for their hard work. (17 U.S.C.S. § 106(1), MAI Systems v. Peak Computer)
Q: How much can I be fined for illegally downloading music?
A: Fines range from between $750 to $30,000 for each file, and up to $150,000 for each file if the infringement is proven willful. You may also have to pay the copyright holder’s attorney's fees. If your downloading is found to be criminal in nature, fines run up to $250,000, and up to ten years in jail. (http://filesharing.iu.edu/)
Q: How much of something can be used for it to still be fair use?
A: There is not specific amount of lines, seconds of video, or percentage that can be used. All “fair use” means is that you are granted the right for noncompetitive use of copyrighted material for purposes such as criticism, news reporting, research, teaching, and scholarship. If you are concerned about your use of copyrighted materials, see the Fair Use Test for assistance.
Q: Am I liable if I buy a CD that I know is a bootleg copy?
A: You aren’t directly liable, but you are guilty of contributory infringement which may carry with it other consequences.
Q: If I post a video and say “No copyright intended. All content belongs to rightful owners,” that protects me against potential lawsuits, right?
A: No. That’s like punching someone on purpose and saying that you didn’t intend to hurt him. Saying “sorry” does not justify the action and will not protect you against lawsuits. (Maverick Recording Co. v. Harper)
Q: Can I use my copyright as collateral in my loan for my film project?
A: Actually, you can. But be careful: The bank does not need specific language in order to use your copyright as part of the collateral you offer. If you are putting up any project equipment as collateral, that equipment may include your copyright. It is a good idea to check with your bank if your copyright is included in that collateral.
Q: Does TiVo and DVR infringe on copyright by making copies?
A: When TiVo and DVR make copies, those copies are for personal, noncommercial use only. You cannot show them in public or in a work environment, but it is not against copyright. (TiVo.com, The Cartoon Network LP v. CSC Holdings, Inc. (2d Cir. 2008)).
Permissions
Q: How do I ask for permission to use something?
A: Get in contact with the party with which you seek permissions and find out if they have a permissions form that they would like you to fill out. If they don’t have a form, you can write your request in a short letter that indicates the exact portions of the copyrighted work that you wish to use, including page numbers, track time, amount of code, etc, and the copyright information. Also include all uses for the intended copyrighted work, how your work is going to be used (classroom, commercial, personal), when you intend to release your work, and how many copies you expect to make. Make sure you begin the permissions process long before you intend to release your finished product because it may take a while, and be sure to give proper credit in your final product.
Q: Where can I go to get images, music, and video files that are free to use (not under copyright)?
A: Freesound Project, Open Source Movies, parts of Flickr, and Wikimedia Commons all have files that you can use to varying extents. For links to these places, see our links page. However, many of these files are under copyright, but instead will give you license to use. If you need a file with no copyright, it is best to either make your own, or find one in the public domain.
Q: How do I use Open Source materials?
A: Each Open Source work has a different license agreement. Some specify that a work is only for copying, while others release all rights. Check with each work before you use it. Having permission to use one work does not grant permission to use anything else.
Q: Where can I watch movies and TV free online?
A: Many TV networks have their own media players for shows, and Hulu hosts numerous movies and TV episodes. Also check out (some are not free): Atom Films, Apple's iTunes Store, CinemaNow, IFILM, Internet Archive, Movielink.
Q: Are there any legit places to download free music?
A: Not really. If a website is offering free music, you should be concerned. However, you do have a few options. If you want free songs, sign up to be a member of a radio station because they often have free downloads of new songs. Starbucks also offers free download cards through stores. Urban Outfitters offers free downloads through their LSTN service in affiliation with iTunes. The difference between peer-to-peer networks like Limewire and the aforementioned companies who offer free music is that the companies have paid for licenses for free downloads whereas people sharing over networks have not.
Q: I have obtained permission to show a clip from YouTube at a work meeting. Am I allowed to alter the clip to make it appropriate for my usage?
A: When you seek permission, make sure you also seek permission to alter the video as well. When you alter it you will have created a derivative work, and that requires additional permissions.
Q: I can’t find out who created this video. Can I still use it?
A: If you can’t find the creator of a work, then it is probably best not to use it because you have no way to seek permissions. Just because you can’t find the creator doesn’t mean that the creator is not aware of the use of their work.
Education
Q: I am using a video or song for educational purposes. That’s all right, right?
A: Not necessarily. The laws are more complex than it seems. Refer to the TEACH Act Test to make sure.
Q: I am a teacher. Can I play a sound clip or a movie in my class? Teachers do it all the time. Are they infringing?
A: Teachers are allowed to display, show, or play a copyrighted work if they are doing so during their everyday teaching activities, in the classroom, face-to-face with students, at a nonprofit institution. You cannot have a guest come in and display, perform, or play anything, and you may not do it outside of the classroom, but otherwise you are protected under the TEACH Act. Refer to the TEACH Act Test to make sure.
Business
Q: I work at a business where I am allowed to play whatever music I would like over the big speakers. Am I infringing on copyright by playing my favorite CD or iPod playlist?
A: You actually don’t have authorization from the copyright holders to play their music publicly. When you buy a CD or a song on iTunes, you are not also buying the licenses to any of the exclusive rights—that is, the artist’s exclusive right to perform their work publicly. Publicly means that even though there might not even by any customers present, the venue is open to the public. Just because you own a copy of a song does not mean you can do anything you want with it. (17 U.S.C.S. § 101), (17 U.S.C.S. §§ 106(4) and 114(a))
Q: The radio plays all sorts of music. How come they can play to the public but I can’t?
A: The radio station has purchased certain licenses to play the music. You can also purchase licenses to play music. (17 U.S.C.S. §§ 106(4) and 114(a))
Q: I made a slide show for a Christmas party at work. Can I use a song from my own music library?
A: The songs that you have purchased and placed on your computer are for your personal use only and are not intended for commercial purposes or for public performances. Your slide show is considered a public performance. You can use any songs that are included as “stock” with your slide show software or any music that is in the public domain (such as classical music). (17 U.S.C.S. § 101)
Q: I own a venue that I let musicians play at sometimes. Can I be sued if the musicians play something that is under copyright?
A: It depends. If the musicians are playing for nonprofit reasons and are not playing publicly then you’re probably fine (Section 110). If the musicians are charging admission for the music, then they are probably infringing, but you may not be liable if you are not receiving direct financial benefit from their performances and if you have no ability to monitor or control what they are playing. But if you are actively promoting the group and are benefiting from the performance of copyrighted materials, then you are liable.
Q: I’m a journalist doing undercover reporting. If I get hired with a company in order to film on their premises, will they own the copyright because I am their employee, or will I own the copyright?
A: You will own the copyright because the videos were not made within the scope of your normal employment. Fair use also permits use of materials for journalistic purposes.
Creative
Q: I have been inspired to create an original work based on something else. Do I need permissions to continue?
A: No. But it is wise to properly attribute the source of your inspiration. Also, make sure that your work meets the requirements of the Originality Test to ensure that your work is copyrightable.
Q: If I sell the copyright of my work, am I still able to perform or show my work, or even make copies?
A: If you do that, then you may be liable for infringing on the copyright of the new copyright holder. When you sell your copyright, you sell all of the exclusive rights to make copies of your work or perform it in public.
Q: I want to create a film based on a novel. What steps do I have to go through in order to do this?
A: You will need permission from the novel’s copyright owner. When asking for permission, check to see if the novel you are adapting is a derivative work of anything else, that is, if it is based on another work under copyright. You will have to get permission from that copyright owner also.
Q: I am working on a movie based on folklore, but there is a Disney movie also based on the same folklore. Can Disney sue me?
A: Disney can only sue you if you copy the original elements that they used to embellish the folklore. They can only copyright the original elements, so if your work is based only on the folklore and not Disney, then you did not infringe and cannot be sued.
Q: I’m making a movie based on the life of an acquaintance. Does she have any hold on the copyright of my movie?
A: No. The facts of someone’s life are not protected under copyright, only the creative expression of those facts. You would need her permissions to copy her diary, though, and you might want to get a written letter of permission for the film out of courtesy.
Q: I wrote a song and then heard a song that sounds similar on the radio. I swear I didn’t copy it, but can I still be sued for copyright infringement?
A: If you really didn’t copy it, then you can’t be sued for copyright infringement. It would be an easier case for you if you had kept old drafts of your music to show how your music composition changed with revision, or if you have witnesses that can attest to your independent creation. Sounding similar, and even having some of the same notes, doesn’t constitute copying. There would have to be similarity so great that it could only be explained by copying in order for someone to sue you. (Selle v. Gibb)
Q: I created a title for my song and now I see someone else using it. Can they do that?
A: Yes. Titles are not protected under copyright because they are not seen as sufficiently original. Words and phrases, including those in titles, are generally seen as not sufficiently original to constitute a work of authorship. (37 C.F.R. § 202.1)
Q: A corporation is using a song of mine that I had up on my website. When I contacted them, they said I should be honored that they’re using it and that they wouldn’t pay me. Can I sue them?
A: Yes. Being “honored” is not part of Fair Use. They do not have the right to use your work without your permission.
Q: My friend and I wrote a song by improvisation only, but we recorded it. Do we own the copyright of the song or only the digital recording?
A: Actually, you own the copyright to both. When you recorded the song you placed it in a fixed medium, meaning that you have physical proof that you and your friend are the creators of the song. You also own the copyright of the digital recording, the creative expression through which people can listen to the song.
Q: I’m performing a song that was written by my friend who died a few years back. I checked to see if he had it copyrighted at the U.S. Copyright Office, but he didn’t. That means that it isn’t under copyright and I can perform it, right?
A: Your friend didn’t have to register his song in order to own the copyright. You should probably check with his heirs to make sure it is ok to perform his song.
Q: I performed a song live but did not make a recording myself. Then I found out that other people were selling copies of my live performance but had added a new beat. Do they own the copyright since they made the digital recording, or can I get them to stop bootlegging my music?
A: This depends. If the song that you performed was your own song and you have it in a fixed medium elsewhere, then you are protected. However, if you were performing a song that is in the public domain, like a traditional folk song, then you have less protection. There isn’t really anything you can do if the song itself is in the public domain and you don’t have any copyrightable material included in the music. The people selling the recording would also not have protection of the public domain elements of the song you performed, but would have protection on any added elements. (43(a) of the Lanham Act)
Internet TV and Movies
Q: What are the general terms of watching TV on Hulu?
A: Hulu grants you a non-exclusive limited license to use Hulu for personal, non-commercial purposes in a way that does not circumvent their security technology measures.
Q: I run a fan website for a television show. Can I host episodes or clips from Hulu or other TV services on my website?
A: Hulu strictly prohibits this, and states that watching its shows is for personal use only. However, some of their videos include an embed feature, and where they offer this you may embed a clip or an episode on your website. Your website may not contain “content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Hulu” (Hulu). Otherwise, if you do not have permission to host a video on your site, then you are not allowed. You may, however, provide links to where your viewers can legally see the clips.
Q: The media player that I usually watch shows on has some hiccups. I know how to fix it. Can I?
A: Most websites that host shows prohibit altering the media player. Even though you are trying to fix the problems, altering the player is seen as trying to circumvent the media player’s security technology, which is a violation of the owner’s copyright. (17 U.S.C.S. § 1201)
Q: I built a computer program that lets me skip through the commercials when I watch TV online. I’m not messing with the copyright of the actual show, so is it still infringement?
A: Actually, it is. Altering the technology by skipping the commercials is seen as trying to circumvent the media player’s security technology, which is a violation of the owner’s copyright. (17 U.S.C.S. § 1201)
Q: So if I watch TV or movies on a website like Megavideo, they’re liable for copyright infringement, not me, right?
A: Video streaming is so new that there is little case law on it yet. However, it can be said that if you are streaming a TV show or movie online for free, when you are supposed to have purchased it, then you are violating copyright law. You further violate the law by using intellectual property that you do not have permission to use. Both you and the person who uploaded the video are liable for copyright infringement. Megavideo and other video hosting websites usually abstain from liability with a clause in their terms and conditions that states that if they become aware of copyright infringing material they will take it down.
iTunes
Q: Sometimes when I download music or other products on iTunes I can’t burn them to a CD. Is there a way I can change the file so that it will burn?
A: Sometimes iTunes products include security technology that is intended to limit your use of the product. If you try to change the file, then that violates the terms of the licenses that iTunes has purchased for you. Altering the security technology is also copyright infringement (17 U.S.C.S. § 1201). You are not allowed to “violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology” (iTunes Terms of Service). Ringtones and movies cannot be burned to a CD, and music can only be burned up to seven times.
Q: I do lots of multimedia projects. Can I use the files from my iTunes library?
A: The licenses that iTunes has purchased in order to sell its product prohibit you from using iTunes songs for any reason that is not personal, noncommercial use. Unfortunately, you may not use your iTunes library for your multimedia projects. (iTunes Terms of Service)
Q: Sometimes I get cover art with the songs I download. What are the limitations of use on those?
A: Those are also for personal, noncommercial use. (iTunes’ Terms of Service)
Q: I tried to load my iTunes onto another iPod, but it wouldn’t load. Why not?
A: There may be any number of reasons for that, but one may be that iTunes’ copyright licenses only allow you to load your music on five devices at a given time. If you have already loaded your files onto five devices, you will not be able to load them on to anything else. (iTunes Terms of Service)
Q: I took my computer in to get fixed and they erased all of my music. How can I get it replaced?
A: iTunes does not replace lost or stolen music. This is an unfortunate scenario, and don’t be tempted to download the music illegally to replace the songs you had previously purchased. You will still be infringing on copyright if you do this.
