Legal Question in Intellectual Property in Massachusetts
Video resume
I own a small media/publishing company and am making a video resume to highlight my portfolio and demonstrate my video editing skills. My introduction doubles as an editorial on the power of words, especially when combined with other media.
To help punctuate certain points, I want to display video or images that reflect the voiceover. I've found some serviceable royalty-free content, but I'm wondering what's off limits. So I have a few questions:
1. I assume I cannot use any portion of any copyrighted material (such as a movie or song), however small, for which I don't have permission. Correct?
2. What about a written quote if I attribute it to the speaker? Further, what about a famous quote spoken by the speaker (e.g., ''Ask not what your country...'', etc.)? How/where would I get permission, if needed?
3. What about work that I've done for clients, do I need permission from my client to include any portion of that work (book cover, snippet of multimedia, etc.) when discussing it?
Being in this industry, I'm obviously sensitive to copyright law, but I find it very confusing and have never done this sort of thing before, so thanks in advance for any advice you might have.
1 Answer from Attorneys
Re: Video resume
As you raised the issues by number:
(1) Music is a special realm as you need different licenses to do different things. Briefly, you would need a "synchronization" license to incorporate a portion of any work that is not in the public domain [blanket rule is pre-1923, but some other works have lapsed].
(2) Brief aphorisms would not qualify as a "literary work" but excerpts from works that have been registered would call for an analysis by copyright counsel as to the scope of the use and whether the extent of the excerpt constitutes an impermissibly large portion. Attribution is not relevant. If permission is required in the opinion of copyright counsel, then you would have to approach the owner for it.
(3) This depends upon the terms and conditions under which you created each work: if they have a license from you, but you retained copyright in the work, then you can use it (to the extent that you have not granted exclusive rights to a client). However, if the work was created pursuant to an agreement that assigns copyright to the client, then you would need permission to use that work.
Full marks for asking the questions. If you need further clarification, please contact me off-list. Best wishes,
LDWG
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
