Can Someone Use My Film Without Getting My Permission?
Filmmakers spend a lot of time trying to determine whether various intellectual property that they’ve got interest in can be legally used in their own works with, or without a license. After so much time spent declaring rights and keeping a clean chain of title, you’re probably wondering what might happen if someone tries to take your own intellectual property and attempts to use it as their own. You’re probably wondering. Can someone use my film without getting my permission?
Copyright Laws for Filmmakers
First, if you’re wondering if someone can use your film without getting permission, the very first consideration is whether or not you’ve trademarked or copyrighted the film.
As a filmmaker, there are exclusive rights that come with a motion picture which limit the right of others to copy or otherwise control public performances of the works.
A copyright is not required in order for a filmmaker to have protection under U.S. copyright law as of 1978. And as such, filmmakers are automatically protected and their works covered under many circumstances.
Can Someone Use My Film Without Permission?
Because U.S. Copyright law offers protection for filmmakers, someone may not necessarily use your film without your permission.
In fact, if your film is based on a screenplay that was copyrighted? Anyone interested in using your film would need to first seek permission from the original screenplay copyright owner.
Before they could obtain legal rights to use the film. Rights would be required from more than just the screenplay owner.
The individual interested in using your film would need to obtain rights from:
- Those who hold a copyright to the performance.
- People who hold a trademark to any elements within the film.
- Those who hold a copyright to the music used in the film.
- People who hold a copyright to the original characters or any other pertinent details of the film.
Essentially
So, can someone use my film without getting my permission? Not really! As long as you have taken the steps to secure copyright for your screenplay and to other elements of your film.
You’ll be protected from infringement. That is, should other people attempt to use your film as their own, or for their own works.
Fair Use for Filmmakers
However, there are instances in which someone might be able to use your film without seeking permission. If your film is used by someone else that is producing a news story, documentary, or similar work they could be protected under fair use.
Keep in mind that if you bring a lawsuit for copyright infringement of your film, those who used the work might seek to utilize the fair use defense as a protection of their own rights.
In Summary
While fair use does provide particular protections to those who use copyrighted works in some cases, as the film owner you must know that fair use is a defense, and it is not guaranteed.
If you feel someone has used your film against you or without your permission? You do have rights and there are few situations in which it is “okay” for your film to be used without your pre-established consent.
