Video copyright

In the digital age, where video has become an integral part of our lives, the issue ofvideo copyright protection has become increasingly important. Whether you’re a vlogger creating original content for YouTube, a filmmaker making a feature film, or a hobbyist sharing moments from your life on social media, it’s important to understand how to protect your videos from illegal copying, distribution, and other infringements. After all, every video is the result of your creativity, your ideas, your time and, ultimately, your investment.

Thousands of new videos appear on the Internet every day. And, unfortunately, not all users adhere to the rules of fair play. Illegal use of other people’s video content has become a common phenomenon. Someone uploads your videos to their channels, someone else uses them for commercial purposes without your permission, and someone else simply appropriates your copyright. Does this sound familiar? I think many people have faced similar problems.

Therefore, in this article we will examine in detail what video copyright is, what rights authors and copyright holders have, how to protect your video content from infringement, and what to do if your rights are violated. The information will be useful both for professionals working in video production and for ordinary users who want to understand the intricacies of protecting their creative work. By the way, we recommend you to read the article“Types of copyrighted works“.

So, ready to dive into the world of video copyright? Then let’s go!

Section 1: What does video copyright cover?

Before we delve into the intricacies of video content protection, it is important to be clear about what exactly video copyrightcovers . What kinds of objects fall under protection? Which elements of the video can be protected? And, in fact, what are we going to protect them from?

In this section we will look at video as an object of copyright. We will find out why it is considered anaudiovisual work and which of its components – image, sound, script – are subject to legal protection. Understanding these basic principles will help us further understand the rights of authors, rights holders and effective methods of defence. Let’s get to it!

Subsection 1.1: Video as an audiovisual work

Under current Ukrainian legislation, video is considered an audiovisual work. This means that it is the result of creative activity and falls under copyright protection. What is an audiovisual work? It is a work consisting of moving images fixed on a specific material medium (film, magnetic film, digital media, etc.), with or without sound, and which can be perceived exclusively by means of a particular type of screen.

In other words, any video, be it:

• Films ( feature films, documentaries, animations);
• Video clips (music, advertising);
• TV programmes;
• Video blogs;
• Commercials;
• Short videos for social media (e.g. Instagram Stories or TikTok videos);
• Recordings of webinars and online broadcasts;
• Even home videos shot on a phone,

– are all audiovisual works and therefore subject to copyright.

Therefore, the law recognises your videos as intellectual property and grants you certain rights to use them. What kind of rights? We’ll talk about that a little later. In the meantime, remember: when you create video, you are creating anaudiovisual work and obtaining a copyright on the video. And that’s a right worth protecting!

Subsection 1.2: Protected Elements of Video

So we have established that any video is an audiovisual work that is protected by copyright. But what does this work consist of? What exactly are the elements that fall under protection? After all, a video is not only moving pictures, but also soundtrack, and often also a script, text, special effects….

Copyright law protects each original element of a video, namely:

• Image: this is the sequence of images captured by the camera, including camerawork, lighting, angles, frame composition.
• Sound: this is music, sound effects, character speech, voice-overs – everything we hear in the video.
• Script: if the video is based on a script, it is also copyrighted as a separate literary work.
• Directing: the overall creative intent embodied in a video is also copyrightable.
• Montage: the creative process of combining individual shots and sound bites into a coherent whole is also protected by law.
• Special effects: original visual effects created for a video may also be subject to copyright.

It is important to realise that copyright protects not only the video as a whole, but also each of these elements individually. That is, you can’t just take someone else’s music and use it in your video without the permission of the copyright holder. Likewise, you can’t use fragments of someone else’s video without the author’s consent.

So, when creating videos or video materials, remember that each element of your work is an intellectual property object. And you can use other people’s elements only with the permission of the copyright holders.

Section 2: Subjects of video copyright

Having learnt what exactly protects video copyright, it is logical to move on to the next question: who, in fact, is the subject of this right? Who owns the rights to the video? Who can authorise or prohibit its use?

In this section we will find out who can be considered the author of a video, and who can be considered the copyright holder. We will see how their roles and powers differ. Because everything is not so clear-cut here. For example, is the director of a film the author? And the producer? And the studio that made the film? What about the video bloggers who are their own directors, cameramen, and screenwriters? In other words, there is much to ponder.

So, let’s move on to exploring the subjects of video copyright. This is going to be interesting!

Section 2.1: Video Authors

Who is the author of the video? It would seem that the answer is obvious – the one who filmed it. But in reality, it’s a bit more complicated than that. After all, a whole team of specialists often works on the creation of videos.

The Law of Ukraine “On Copyright and Related Rights” states that the author of anaudiovisual work is a person who made a creative contribution to its creation. The authors of a video usually include:

• Director of Photography: the person who directs the filming process and is responsible for the overall artistry of the video.
• Scriptwriter: The person who wrote the script for the video.
• Camera operator: the person who is responsible for the visual part of the video, shooting and lighting.
• Production Designer: the person responsible for the sets, costumes and other props in the video.
• Composer: the person who wrote the music specifically for the video.

However, this list is not exhaustive. Any person who has made a creative contribution to its creation can be recognised as the author of video. For example, an editor, a special effects artist, or even a make-up artist if his or her work has a defining creative character.

It is important to note that all authors of a video have personal non-property rights to their work. This means that they have the right to have their authorship recognised, the right to request that their name be mentioned when using videos, and the right to oppose any perversion, distortion or other alteration of the work that might damage the author’s honour and reputation.

What about video bloggers, who often perform all these functions themselves? In this case, the video blogger is the sole author of his video and has all the rights provided by law.

So, video authors are the creators thanks to whom we can enjoy high-quality and interesting video content. And their rights deserve to be respected and protected.

Subsection 2.2: Rights holders

With the authors of the video sorted out, now let’s move on to the copyright holders. Who are they? In short, rights holders are persons who own the property rights to a video. Unlike authors, who have personal non-property rights, rights holders have the right to use the video for commercial purposes, to authorise or prohibit its use by others, to receive remuneration for its use and the like.

The right holder can be:

• The author of the video himself: If the author created the video himself and did not transfer the property rights to anyone else, he is both the author and the copyright holder.
• Studio: The film or television studio that financed and organised the filming process usually becomes the copyright holder of the video.
• Producer: The person or entity that financed the creation of the video may also acquire property rights to it.
• Heirs of the author: Upon the death of the author, his property rights pass to his heirs.
• Any other person who has obtained property rights to the video on the basis of a contract with the author or other right holder.

It is important to realise that the copyright holder is not always the author. For example, the film studio that made the film is the copyrightholder, but not the author. The authors are the director, screenwriter, cameraman and other members of the film crew who made creative contributions to the film.

It is the copyright holderwho decides how the video will be used . He can sell copies of thevideo , broadcast it on television, post it on the Internet, grant licences for its use to others, and so on.

So, to summarise: a copyright holder is someone who has property rights to a video and can dispose of it at his or her discretion, within the law, of course. And very often the copyrightholder and the author are not the same person.

Section 3: Video Rights

So we’ve established who the authors and rights holdersare . Now it is time to consider in detail what rights they have. After all, knowing your rights is the first step to protecting them effectively.

In this section, we will talk about the specific powers that video copyright. We’ll learn what is meant by the right to reproduce, distribute, publicly display, and recycle videos. Understanding these rights will help you properly manage your videos and protect them from illegal use.

Let’s get to grips with videorights !

Subsection 3.1: Right of reproduction

Let’s start with the right of reproduction. What is it? In simple terms, reproduction right is the exclusive right of thecopyright holder to make copies of avideo on any material medium and in any form. It is a fundamental right that underpins the entire system of copyright protection.

So what is considered videoplayback ? Here are some examples:

• Recording video to a computer hard drive, SSD drive, flash drive, DVD disc, external hard drive, or any other digital media.
• Creating a copy of the video on film or magnetic tape (although in the era of digital technology this is already exotic).
• Uploading video to file-sharing services, torrent trackers or cloud storage for further distribution.
• Create a backup copy of the video on another media.

It is important to realise that the right to reproduce in full is reserved exclusively to the copyright holder. No one else has the right to make copies of video without their permission, even for personal use. Even if you bought a licensed disc of a film, that does not give you the right to make copies of it and give it to friends or sell it. You have the right to watch the film yourself, with your family, but not to copy it for the purpose of distribution.

A distinction should be made between copying for your own needs (for example, to make a backup copy of purchased licensed content) and copying for the purpose of further distribution. The latter is a direct violation of copyright.

Unauthorised copying of a video is copyright infringement and can lead to legal liability, including fines and even criminal prosecution in some cases. Therefore, before you make a copy of someone else’svideo , even if you have found it freely available on the Internet, make sure that you have permission from the copyright holder or that the video is distributed under a free licence that allows copying.

Subsection 3.2: Right of distribution

In addition to the reproduction right, the copyright holder has the exclusive right to distribute the video. What is behind this term? The right to distribute means the right of the copyright holder to authorise or prohibit the distribution of copies of the video in any way.

How can distribution take place? Here are a few options:

• Selling DVDs, Blu-ray discs, or other media with video in shops or online.
• Providing subscription-basedaccess to video on streaming platforms (e.g. Netflix, Amazon Prime Video).
• Showing videos in cinemas (film distribution).
• Distribution of copies of the video via torrent trackers or file-sharing services (piracy).
• Transferring a copy of a video to a third party (e.g., donation or exchange).
• Renting or leasing thevideo.

It is important to realise that any of these methods of distribution can only be done with the permission of the copyright holder. Unauthorised distribution of videos, as well as unauthorised copying, constitutes copyright infringement . For example, if you download a film from a torrent tracker and then decide to share it with your friends, you are violating distribution rights.

It is the copyright holderwho determines how his video will be distributed . He can choose one or more distribution methods, set a price for video, limit the territory of distribution and so on.

So, the distribution right is a powerful tool that allows the copyright holder to control and profit from the commercial use of his video. And this right, like any other video copyright, should be respected.

Subsection 3.3: Right of public display

Another important right that belongs to the copyright holder of a video is the right of public display. What does this term mean? The right of public exhibition is the exclusive right to authorise or prohibit the exhibition of a video in places open to the public, or in any other place where a significant number of persons outside the usual circle of family or close acquaintances are present.

So where can the public showing of a video? Here are some examples:

• • Cinemas;
  • Television (terrestrial, cable, satellite);
  • Internet broadcasts (e.g. streaming on YouTube or Twitch);
  • Showing video in cafes, bars, restaurants, hotels, shops and other public places;
  • Public lectures, seminars, presentations where videois used ;
  • Exhibitions and festivals where video worksare shown ;
  • Broadcasting videos on large screens at stadiums or concert venues.

It is important to understand that any public screening of a video requires permission from the copyright holder. Even if you have purchased a licensed disc of a film, this does not give you the right to show it publicly in your cafe without the consent ofthe rights holder. The only exception is the use of videos in educational institutions for educational purposes, in which case authorisation is not required, but subject to certain conditions.

Unauthorised public display of a video is a gross violation of copyright and can lead to serious legal consequences. Therefore, always make sure that you have permission from copyright holder before you organise a public display of avideo. This will help you avoid misunderstandings and protect you from possible claims.

Subsection 3.4: The Right to Recycle

The last but not least right we will talk about is the right to recycle videos. What is meant by recycling? The right to recycle is the exclusive right of the copyright holder to authorise or prohibit any changes to the video, the creation of new works based on it, and the inclusion of the video as an integral part of other works.

So what is considered videorecycling ? Here are just a few examples:

• • • Creating remixes and mashups using fragments of the original video.
    • Editing a new video from separate parts of the original video.
    • Translating avideo into another language (creating a dubbed or subtitled version).
    • Creating adaptations, sequels, prequels or other derivative works based on the original video.
    • Using footage from the video in other audiovisual works, such as documentaries or news stories.
    • Creating parodies based on the original video.
    • Changing the format or quality of the video ( for example, converting from one format to another).

It is important to realise that any videoprocessing can only be done with the permission of the copyright holder. You cannot just take someone else’s video, edit it into a new video and put it on the Internet. This would be an infringement not only of the right to recycle, but also of the other rights we mentioned earlier (reproduction and distribution rights).

The right to recycle gives the right holder the ability to control not only the original video, but also all derivative works that are created on its basis. It is an important tool for intellectual property protection that prevents unauthorised use and modification of video.

Section 4: How do I protect video copyright?

Having learnt about videorights , now we come to the most important question: how can we protect them? After all, knowing your rights is only half the battle. You also need to know how to assert them. Fortunately, there are many ways to protect video copyright.

In this section, we’ll look at practical steps you can take to protect your video content from unauthorised use. We’ll talk about how to properly register your rights, what preventive measures you can take, and how to act if your rights are still violated.

Ready to learn how to protect your videos from piracy and unfair competition? Then go for it!

Subsection 4.1: Placing the © mark and author information

The simplest, but at the same time very important step in protecting the copyright of a video is to place a copyright © (copyright) mark and information about the author or copyright holder. This mark serves as a warning that video is protected by copyright and any unauthorised use is prohibited.

What is the correct design of the © mark? It consists of three elements:

1. The © symbol or the letter “s” in a circle.
2. The name of the author or the name of the copyright holder of the video.
3. The year the videowas first published .

For example: © Ivan Petrenko, 2023 or © Video Production LLC, 2023.

Where should this mark be placed? It is usually placed at the beginning or end of video, or in the credits. You can also add this information to the description of when you publish avideo on the Internet.

In addition to the © mark, it is also recommended to include the contact information of the author or copyright holder. This can be an email address, a link to a website or social media page. This will make it easier to contact you if you have any questions about the use of videos.

Although placing the © mark is not a prerequisite for copyright in a video, it is a very useful preventative measure. It clearly shows that you know your rights and are prepared to defend them. And for potential infringers, it can be a deterrent.

Subsection 4.2: Copyright Registration

Although copyright in a video arises automatically from the moment it is created, copyright registration can be an additional step to protect it. What does this registration provide?

• Official proof of authorship: Registration creates an official record that you are the author or copyright holder of the video. This can be particularly useful in the event of a copyright dispute.
• Evidence: A certificate of copyright registration is strong evidence in court. It greatly simplifies the procedure of proving your rights to the video.
• Possibility to claim compensation: In case of infringement of your copyright, having a registration certificate gives you the right to demand from the infringer not only to stop illegal use of the video, but also to pay monetary compensation.
• Simplifying the procedure of protection of rights abroad: If you plan to use your video abroad, copyright registration in Ukraine can simplify the procedure of protection of your rights in other countries that are parties to the Berne Convention for the Protection of Literary and Artistic Works.

So how to register copyright for video? In Ukraine, this can be done by applying to UKRNOIVI (Ukrainian National Office of Intellectual Property and Innovation). The registration procedure includes submitting an application, paying the state fee and providing a copy of video.

It is worth noting that copyrightregistration is voluntary, not mandatory. However, given the benefits it provides, registration may be a prudent step to protect your interests, especially if you plan to commercially exploit your video.

Subsection 4.3: Use of digital signatures and watermarks

Another way to protect your video is to use digital technology, namely digital signatures and watermarks. So what is it and how does it work?

A digital signature is a unique code added to a video file that identifies the copyright holder and confirms the integrity of the file. If someone modifies video, the digital signature becomes invalid, indicating copyright infringement .

A watermark is a translucent image or text that is superimposed on a video. Typically, a watermark contains information about of the copyright holder or a company logo. It is visible on video, but does not interfere with its viewing.

Advantages of using digital signatures and watermarks:

• Identification of the copyright holder: These technologies make it easy to identify the person who owns the rights to the video.
• Prevent unauthorised use: A visible watermark can deter potential infringers who may not want to use a video with someone else’s logo.
• Proof of authorship: In the event of a dispute, a digital signature or watermark can serve as proof of your authorship.
• Distribution tracking: Some watermarking systems allow you to track where and how your video is being used online.

Disadvantages:

• Not 100% protection: Power users can remove or bypass the digital signature or watermark.
• **May degrade video quality : ** Visible watermarks may slightly degrade image quality.
• Requires special software: Special software is required to add and verify digital signatures and watermarks.

Using digital signatures and watermarks is not a panacea, but can be an additional tool to protect your video. It is up to you to decide whether it is appropriate to use these technologies, weighing their pros and cons in relation to your particular video.

Subsection 4.4: Monitoring online video use

An important aspect of copyrightprotection for video is regular monitoring of its use on the internet. Why is this necessary? The point is that even if you have taken all the necessary measures to protect your video, it is still possible that someone will try to use it illegally. And the sooner you detect such an infringement, the easier it will be to stop it.

So how does one go about monitoring? Here are a few ways:

• Manual search: You can periodically manually check popular video hosting, social media and other platforms for your video. You can do this by using search engines, using the title of your video or fragments of it as search terms.
• Using special services: There are special online services that automate the monitoring process. They allow you to track mentions of your video on the Internet and notify you of detected cases of illegal use. Some of these services are free, while others require you to pay to use them.
• YouTube Content ID: If you publish your videos on YouTube, you can use the Content ID system. This system automatically scans all videos uploaded to YouTube and compares them with a database of registered videos. If the system detects a match, the copyright holder receives a notification and can choose what to do next: block the video, monetise it or simply monitor its statistics.

Regular monitoring will allow you to identify cases of infringement of your copyright in time and take measures to stop them. Do not ignore this important aspect of protecting your video. After all, it’s better to prevent infringement than to deal with the consequences later.

Section 5: What to do in case of copyright infringement?

Unfortunately, even if you have taken every possible measure to protect your video, no one is immune to copyright infringement . What should you do if you discover that your video is being used illegally? What steps should you take to protect your rights and stop infringement?

In this section we will look at the algorithm of actions in case of copyrightinfringement on a video. We will talk about how to record the fact of infringement, where to apply for protection of your rights and what options exist to resolve the dispute.

Do not despair if your rights have been violated. The law is on your side and you have all the tools you need to get justice.

Subsection 5.1: Pre-trial Settlement

The first step to take when you discover copyrightinfringement in avideo, is to try to resolve the dispute in a pre-trial settlement. What does this mean? It means that you contact the infringer directly to demand that they stop illegally using your video.

How to do this?

1. Document the violation: Take screenshots of the page where your video was posted, keep a link to the page, and record the date and time the violation was discovered. If possible, upload a copy of the illegally posted video.
2. Find the offender’s contact information: This can be an email address, a contact form on a website, or a social media profile.
3. Make a claim: In your claim, clearly state the nature of the infringement, state that you are the copyright holder of the video, and provide evidence of your rights (e.g., a link to the original video, screenshots from the site where it was first published, a copy of the copyright registration certificate, if you have one). The demand should be clear and unambiguous: demand that the illegally posted video be removed.
4. Send a complaint to the offender: Send the complaint by email or another communication channel you have found. Keep a copy of the correspondence.

Advantages of pre-trial settlement:

• Speed: In many cases, it is possible to resolve a dispute within a few days or even hours.
• Cost savings: You do not have to spend money on legal fees.
• Less stressful process: Pre-trial settlements are usually less stressful than litigation.

Disadvantages:

• Not always effective: Unfortunately, not all infringers make contact and fulfil the requirements of the copyright holder.
• Difficult to find the infringer: Sometimes it can be difficult to find the contact information of the person who is illegally using your video.

Despite the possible disadvantages, a pre-trial settlement is a step worth taking in the first place. It can save you time, money and nerves. And if you cannot reach an agreement, you always have the option of going to court.

Section 5.2: Going to Court

If pre-trial settlement fails and the infringer refuses to remove your video, the next step is to go to court. Judicial defence of copyright is a more complicated and lengthy process, but at the same time it is more effective.

What do I need to do to go to court?

1. Gather evidence:You will need to provide the court with evidence that you are the copyright holder of the videoand that your rights have been infringed. Such evidence may include:
   • Copyright registration certificate (if available). The
   • original file of the video with metadata confirming the date of its creation.
   • Screenshots and links to the pages where your video was posted both on your resource and on the resource of the infringer.
   • Notarised protocol of inspection of the web page with illegally posted content (if necessary).
   • Results of expert examination confirming the identity of your video and the video posted by the infringer (if necessary).
   • Correspondence with the infringer within the framework of pre-trial settlement.
2. Draw up a statement of claim:In the statement of claim you should clearly state the essence of the claim, specify what exactly your rights have been violated, and formulate your claims against the infringer. You can demand:
   • Termination of copyright infringement (removal of the video).
   • Compensation for damages caused to you by illegal use of the video.
   • Seizure and destruction of infringing copies of the video
   • . Reimbursement of court costs, including legal costs.
3. Pay a court fee: You must pay a court fee for filing a statement of claim, the amount of which depends on the value of the claim.
4. File a statement of claim with the court: The statement of claim is filed with the court at the location of the defendant (the offender) or at your place of residence (if you are an individual).
5. Attend court hearings: You will need to attend court hearings and provide explanations and evidence to support your position.

Important: Litigation can be a complex and time-consuming process, so it is recommended that you contact a qualified lawyer who specialises in copyright protection. A lawyer will help you properly draft a statement of claim, collect the necessary evidence and represent your interests in court.

Legal defence is an effective way to protect your video copyright. While this route can be long and costly, it allows you to not only stop the infringement, but also get compensation for damages.

Conclusion

To summarise, I would like to emphasise once again the importance of copyrightprotection for video. In today’s digital world, where the creation and distribution of video content has become an integral part of life, the issue of intellectual property protection is of particular relevance. Each video is the result of creative labour, and the author has every right to protect his work from illegal use.

We have looked at the main aspects of video copyright: what it covers, who are the subjects of this right, what rights do authors and copyright holders have , and what are the ways to protect video content from infringement. Remember, protecting your rights starts with you. Use the © mark, register your rights, use digital signatures and watermarks, monitor the use of your video on the Internet – and don’t be afraid to stand up for yourself if you find violations.

We hope this article has been helpful to you and will help you protect your videos from illegal use. Don’t forget that protecting copyright is not only a way to protect your material interests, but also to respect creative labour and intellectual property.