Using video acquired from a DVR system. Copyright infringement?

1. lenau92@gmail.com
   Member

   

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   My question is in regards to publishing original videos online with clips from tv shows recorded via DVR.

   Is it legal to use video acquired from a DVR system in a video of your own? (like video clips from the news or a tv show)

   If so, are there regulations? ( Water mark? Not full screen, or frame the original video?)

   Is youtube's policy on this congruent with the actual copyright law?

   Is youtube's policy on this congruent with the actual copyright law?

    

   This is done all the time in pop culture talk shows where they review what happened the previous night on television... is this relevant?

    

   any thing else you think might be useful to my inquiry?

    

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   Posted 3 months ago # Login to Send PM

2. composite1
   Moderator

   

   Lenau,

   Yes and no is your answer. Yes it is copyright infringement if you take all or portions of copyrighted work to use in other projects without permission from the copyright holder. No, in that a) according to fair usage regulations you can use portions of said material either with permission or without in a non-profit manner which is a broad description but that's how it works.  b)The moment the copyright holder objects to your usage and requests you either remove the materials from your project or take it down entirely according to law, you are required to do so immediately.

   Those talk shows you mention almost always have permission to do so. To find out more about the rules and regs regarding US copyright at copyright.gov.

   Posted 3 months ago # Login to Send PM

3. jerronsmith
   Moderator

   

   >>according to fair usage regulations you can use portions of said
   material either with permission or without in a non-profit manner which
   is a broad description but that's how it works.  b)The moment the
   copyright holder objects to your usage and requests you either remove
   the materials from your project or take it down entirely according to
   law, you are required to do so immediately.<<

   Just a clarification. Technically the "fair use doctrine" of the copyright laws does not make a distinction between whether you the infringer makes a profit from your infringement or not. What it actually evaluates is whether or not your infringement has a negative effect on the ability of the copyright holder to make a profit. It is the reason that YouTube can't successfully claim fair use for people posting even small clips from film and television. The copyright holder can claim that even small snippets can negatively impact their profits from both rebroadcast and dvd/internet download sales.

   And by the way if you are claiming fair usage you don't have to comply with cease and desist orders from the copyright holder. That is the entire point of the doctrine, they can't tell you not to use it, because it is a protected use. Keep in mind that the main thrust of the doctrine is to protect scholarly research, criticism, and satire not just because yo felt like using the material, so depending on the context you may be able to get away with a claim of fair use or not. Another issue to keep in mind is something a judge friend of mine once told me; "if you plan on using the fair use doctrine as a defense you must first admit that you infringed a copyrighted work."

    

   Jerron Smith
   Editor-Animator-Educator
   blog: http://www.thepixelsmith.blogspot.com

   Posted 3 months ago # Login to Send PM

4. lenau92@gmail.com
   Member

   

   Ok so then, what do you think about my situation?

   Id like to produce a political commentary web show. In this show id like to review things said in the previous nights news. This would entail either reading a transcript, or playing video clips of the discussed piece. Do you think i would run into problems with this? If i could do it... i would post it on youtube, but i also had interest in posting it on my personal website. This website contains advertisement.. would it be wrong to host a video with copyrighted material on a site where im making money from advertising? ... Its hard for me to see myself getting notified from fox news or cnn that they want to remove their clips from my videos... DO you think their are any dangers in just going ahead with it until someone stops me?

   Posted 3 months ago # Login to Send PM

5. composite1
   Moderator

   

   Jerron brings up some good points and some clarification on 'fair usage'. However, the burden of proof will fall upon you. He's right that 'you don't have to comply', but the devil in those details is you'd better be prepared to defend your usage and if they file against your internet provider or your web hosting service, in order to minimize their headaches they will likely cancel your service.

   On the other hand, giving full credit for where you got the footage from often holds off those inclined to lawyer up. But that also depends on you using short clips and not entire broadcasts. With everyone embedding video the rules are getting pushed to the limits. As is at the moment, you're in the run it up the flag pole and see if anyone objects stage. Sticking to the topics and not attacking anyone specifically may help keep you out of trouble.

   Posted 3 months ago # Login to Send PM

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