When Permission is Not Required
You do not need permission if you are using something that is notcopyrightableoris in thepublic domain,or if you are using it in a way that does not implicate one of therights of copyright holdersor is permitted by auser’s right. You also don't need further permission if your use falls within an existing license.
Information on these topics that is specific to video can be found below.For more information on all of these topics, please see ourCopyright Basicsguide.
Public Domain Works
Works that are not subject to copyright are in the public domain. They may be used without permission. In the United States, a copyrightable work is in the public domain if:
- It was published before March 1, 1989 and did not comply with one or more of the required formalities. (Note: if the work was first published outside of the United States, copyright restoration may apply. For more information, seeCopyright Restoration Under the URAA (PDF).)
- The term of its copyright protection has ended.
- Its copyright holder placed it in the public domain using the Creative Commons Public Domain Dedication.
Every country has its own rules about when a copyrightable work enters the public domain.
Public-Licensed Works
A public license permits certain uses of copyrighted materials by the public at large. If a work you wish to use has been released under a public license, you do not have to seek additional permission from the rightsholder in order to do the things authorized by the license. However, you do still need to follow the license terms. For example, the license may require attribution to the original author or it may forbid commercial uses.
Creative Commons licenses are public licenses. Other public licenses include the licenseson thelists of free software licensesmaintained by the Free Software Foundation and thelicenses approved by the Open Source Initiative.
Sources of Public-Licensed and Public Domain Audiovisual Works
YouTube has a large collection of videos licensed under one of the Creative Commons licenses or the Creative Commons Public Domain Dedication. Note that many videos on YouTube are under copyright and have not been licensed under any open license.
Vimeo has a large collection of videos licensed under one of the Creative Commons licenses or the Creative Commons Public Domain Dedication. Note that many videos on Vimeo are under copyright and have not been licensed under any open license.
Moving Image Archive from Internet Archive
The Moving Image Archive is a service of the Internet Archive. It contains free movies, films, and video, many of which are licensed under one of the Creative Commons licenses or are in the public domain.
The Moving Image Research Center at the Library of Congress provides a number of collections of early motion pictures, many of which are in the public domain.
Rights of Copyright Holders
Copyright law gives copyright holders specific rights. If your use of a work does not implicate any of those rights, it does not require permission.
For example, watching a DVD on a television set with your family or social acquaintances would not implicate any of the rights of the copyright holder. It would not involve reproduction, modification, distribution, or public performance or display of the work. It would qualify as a performance, but not as apublic one.
Rights of Users
When you use a work under one of the user's rights in the Copyright Act, your use does not require permission.User's rights that may apply when you are using video include:
- Fair use,
- Section 110(1), which covers certain uses in face-to-face teaching, and
- Section 110(2), which covers certain uses in distance education.
Resources on Fair Use and Video
Code of Best Practices in Fair Use for Online Video
This code of best practices "helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use."
Code of Best Practices in Fair Use for OpenCourseWare
This code of best practices helps "those preparing OpenCourseWare (OCW) to interpret and apply fair use under United States copyright law."
Documentary Filmmakers' Statement of Best Practices in Fair Use
This statement of best practices "makes clear what documentary filmmakers currently regard as reasonable application of the copyright Fair Use doctrine."
Society for Cinema and Media Studies Statement of Fair Use Best Practices for Media Studies Publishing
This statement "identifies what media scholars consider to be fair use of copyrighted works within media studies publishing in the United States." It is a PDF.
This statement "clarif[ies] some of the issues concerning the permissible use of media for teaching." It is a PDF.
Visual Resources Association Statement on the Fair Use of Images for Teaching, Research, and Study
This statement "describes six uses of copyrighted still images that the VRA believes fall within the U.S. doctrine of fair use."
