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Keep in mind that, under your filmmaker agreement, you affirm that your videos are not an infringement of copyrighted material, and Sermonspice.com does not take responsibility for legal repercussions from unlawful publications. Click here, to learn more about filmmaker agreements. We will work with you to ensure safe use, and to help you avoid legal battles. Let us help you understand the following terms.  PERMISSION An artist may (by request) grant you, the filmmaker, with the privilege of using their work in film. Often, the creator of the music, footage, or photographs, will permit use after being compensated financially or by holding a percentage of earnings. However, independent artists are known to give rights away for free simply for the opportunity of exposure. The procedure of earning permission for rights is something you must pursue yourself if you wish to use a third party's work in your videos. You will want to have written documentation of any agreement made, if by chance you encounter a legal dispute. ROYALTY-FREE Royalty Free content gives you, the purchaser, rights to use material (such as photographs, video footage, music) for one initial price without paying additional royalty charges. In other words, if you buy a royalty free image (often referred to as a “stock image”) you pay once for the royalty and can use it in further productions as you choose. You may manipulate it, resell and distribute it as you wish. You bought rights and there are no royalties. There are several popular websites that offer stock images, footage, and music for download on the Internet.
PUBLIC DOMAIN A work enters the Public Domain when its copyright has expired and is not renewed, or if it was published before 1923. These materials are therefore "public property", and available for anyone to use for any purpose. Something in the Public Domain is like royalty-free work, in that you can include it in your films for profit without paying royalties to the creator. In fact, you don't even have to purchase the initial rights because there is no longer any owner. You must research for yourself to learn which items are included in the public domain.
FAIR USE Fair Use laws are often tricky and garner legal disputes. You should exercise caution when attempting to include copyrighted work in your films under the Fair Use doctrine. It is always best to seek professional advice to determine whether your film's content qualifies Fair Use. The United States copyright law allows limited use of copyrighted material without requiring permission, if used for scholarship or review. You may include another author's work under a four-factor balancing test: 1. Purpose and character:: If your film is intended to stimulate creativity for the enrichment of the general public, you must demonstrate how it either advances knowledge or the progress of the arts through the addition of something new. A key consideration is the extent to which the use is interpreted as transformative, as opposed to merely derivative. (Did you simply redistrbute the copyrighted work as it was originally? Or, did you manipulate it into an artful, new interpretation?) A common justification under this factor is if your film parodies copyrighted material. Comedic or jesting re-interpretation is generally permissable. 2. Nature of the copied work Although protection should not depend on the artistic quality or merit of a work, you may use copyrighted material under the Fair Use doctrine if the work is thought to be especially relevant (non-fictional, socially useful, not intended for publication). For example, a presidential speech, because of its nature, may fall under this factor. 3. Amount and substantiality The quantity or percentage used of the original copyrighted work will weigh in when determining Fair Use. In general, the less that is used in relation to the whole of your new work, the more likely that the sample will be considered Fair Use. 4. Effect upon work's value You must take into consideration what effect your film will have on the copyright owner's original work. If the work has been exploited or significantly harms the copyright owner's market, the negative use will disqualify its standing as Fair Use.
TALENT RELEASE When selling footage of actors or extras on screen in your film, you should make sure that all participants have given permission to be on camera. It is perfectly legal to film in a public setting without receiving expressed release, however if you plan to interview or show actors on screen in a private setting, you should have them sign a talent release form that covers publication. Filmmakers often avoid a signed talent release form by keeping footage of their subjects explaining that they give permission to be filmed. This is a viable form of record and an easy way to ensure that you are protected. If you would like to download a sample talent release form, click here.  |
