Can Someone Use my Film Without Getting Permission?

We naturally want to protect our work after we’ve put so much effort into production of a film or video. But what does that entail, exactly? As a new filmmaker, you might be wondering, “Can someone use my film without getting permission?” This is actually a very common question! And really, it all has to do with copyright and how far you go to protect your content. 

The Importance of Copyrighting

Once you’ve made a film, or even before a film has been made when you’ve written a screenplay. It’s important that you copyright the material so that it is protected from plagiarism.

Filmmakers can apply for exclusive rights to their work. This will offer unique protection to the content that they create. But only by applying for such protection from the U.S. Copyright Office. 

Copyrighting your work offers unique protection against others. Those who might try to otherwise copy your film or use your film for various purposes. Motion pictures are protected under copyright law. But the registration of a copyright is not required to obtain protection.

However, this is a grey area of the law which can be difficult to decipher. Therefore, we recommend you consult a U.S. Copyright Attorney before you decide whether or not to copyright your content and the next steps involved. 

When Copyrighted Work Can Be Used without Permission

So, can someone use my film without getting permission from me? The answer is, sometimes. Under Copyright law, your work is protected in many cases, but not all.

There are areas of copyright law that allow for copyrighted works to be used without permission from the copyright owner.

For example

In documentaries or for educational purposes, a defense called “fair use” might be brought up. Which would allow others to potentially use your copyrighted film for the creation of their own unique works.

It’s important to note that fair use defenses are just that. They are a defense against any potentially legal trouble for copyright infringement. This means that, in theory, you could still sue someone for copyright infringement.

That is, if you believe they have used your film unfairly. And if you think that the use does not fall under what is recognized or would be recognized by a judge as fair use.

Consult Legal Counsel

Again, consulting with a U.S. Copyright Attorney about the situation is your best option to get information about the next steps if you believe someone has used your film unfairly.

In the long run, can someone use my film without getting permission? The answer is, yes and no. Sometimes, especially if you have not copyrighted your work, there is little protection.

Also, even for copyrighted works, fair use allows for such works to be used in certain cases. The best bet is to consult with a copyright attorney to ensure your works are properly protected.