What’s the Copyright Law on Film Clips 

Documentary filmmakers frequently use film clips in their works to showcase various content and add value to their underlying story and the research that they’re sharing with others. In fact, film clips are used in a variety of different types of filmmaking as directors seek to incorporate past productions into their current works for a variety of potential purposes. Although the use of film clips in documentary films and other forms of video production are pretty common, many are unfamiliar with the way copyright law on film clips actually works.

At Beverly Boy Productions, we believe in the protections of U.S. Copyright law. And strive to ensure never to commit copyright infringement in the productions we create. But that requires extensive experience and understanding of the law and how it works.

Are Film Clips Copyrighted?

It’s well-known that movies are protected by copyright. But what about clips that are pulled from those films? If you’re wondering what the law is on copyrighting film clips, you’ve certainly come to the right place.

Movie clips represent a portion of an already copyrighted source of content which means that technically the clip is protected by a copyright. 

Although there is no individual copyright law on film clips that specifies how much of a movie must be reproduced in order for copyright infringement to be brought forth.

The underlying law states that a movie itself is copyrighted which means that any clip from the film is also protected. But to what extent?

Fair Use for Filmmakers

The use of copyrighted material, such as a film clip, is going to require some careful consideration prior to moving forward. Unless you’re ready to either seek permission from the original copyright owner.

Or if you’re ready to face the potential of a copyright infringement accusation. However, keep in mind that a copyright infringement accusation is something that you may be able to overcome if you’ve exercised fair use for filmmakers. 

As we navigate copyright law on film clips, it’s important for you to understand that fair use represents a key defense against accusations of copyright infringement. In the event that you’ve used movie clips without explicit permission from the copyright owner. 

Wondering if your use of film clips represents a case of fair use? While fair use is determined on a case-by-case basis…

Generally speaking it is determined based on the following:

• Whether minimal use of a film clip or other copyrighted work was used. You certainly don’t want overkill or to use more than you need. 
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• The purpose of the use of the movie or film clip. If it was for educational purposes, instruction, or to support your existing story. There’s a good chance that you’re following the terms of fair use. But this is not a guarantee you must speak with an entertainment attorney before moving forward!
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• You use the film clip in a transformative manner in which there’s changes to the original clip. Such that it is no longer closely resembling the original work. For example, if you use a copyrighted movie clip in your documentary. It must be a clip that is completely different. Ideally it’s a supportive clip that adds information to your film such as quoting dialogue or critiquing a clip.
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• You have not harmed the original copyrighted material. According to copyright law on film clips, if you’re incorporating a copyrighted film clip in your production. You’re going to want to be sure that you’re not negatively critiquing the original clip. Or showing it in a way that could cause undue harm for the copyrighted material. Make sure you’re not committing slander or libel.

Permission to Use Film Clips

Your best defense against copyright infringement when it comes to using film clips is to seek permission! Even if you don’t believe you need permission. Or if you think you could use Fair Use defense if a copyright infringement case was brought forth.

It’s important for you to understand that copyright law on film clips allows for the original copyright owner to bring forth legal action against you if you’ve used a film clip of theirs in your work. But you have the ability to combat this!

Copyright Law

Asking permission to use copyrighted video represents your opportunity to protect yourself from potential copyright infringement cases.

In fact, copyright law on film clips is really something that every film producer should be aware of. As should all directors and those interested in the ongoing production projects in which permissions are to be established.

Whether you’re thinking of using a very short film clip in your production. Or you’re just wanting to incorporate a few frames. You’re going to need permission or you’re going to have to make sure that you can, without a doubt, ensure that you have used the content under fair use.

Fair use is primarily covers for documentary owners. Although it is a potential defense that may be brought forth by other filmmakers. But again, it’s a defense. Which means you must first be accused of copyright infringement and go to court to face the accusation.

Plan Ahead

If you’re considering a film that will incorporate the film clips of another copyrighted work it’s important for you to begin working diligently ahead of time to secure permission from the copyrighted work owner.

Although there are no specific copyright laws on film clips. There are laws that protect movies and copyright protections for a motion picture are engaged as soon as the film is produced and the motion picture created.

Your understanding of these rules, and how your production may legally use copyrighted film clips is important.

Copyrighting a Film Clip

You might be wondering if copyright law on film clips will provide protections if you ONLY film the clip or trailer or a movie? It’s important for you to know that a motion picture is under copyright protection.

If you’ve made a full, and succinct movie, and someone creates a movie trailer that incorporates clips of your original copyrighted movie into their trailer, your work has been infringed!

Copyright protection extends to the use of movie clips in this case, and if someone produces a movie trailer out of your original work they must still seek permission from you.

Movie Trailers

On the flip side, if you create a movie trailer, but you have not filmed the actual movie. Can you copyright protect the footage that you created for the trailer?

This raises the question. How long must a video clip be in order for copyright protections to be available to the original creator? Under copyright law on film clips, is a short 30 second film copyrighted? 

In Summation

Technically, even incredibly short film clips, like commercials, can be copyrighted. Intellectual property rights extend to those who produce a variety of works, including commercials and movie clips.

Copyright law on film clips provides protection for the creators of short film clips of original quality while equally requiring those who wish to use the clips of previously copyrighted material with specific instructions on the use of such intellectual property.

All are important for a filmmaker to understand.