Legal Question in Intellectual Property in Wisconsin

I am a professional videographer/editor, and post some of my productions on youtube. I produced, unfunded, a video highlighting a local golf course. Although I hosted the video on my youtube account as public, can this golf course embed a link to my video on their business website without my permission? Thank you.


Asked on 5/16/12, 7:10 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

The copyright law says that you as copyright holder exclusively control the distribution of your copyrighted work, so the actual answer to your question is no, they cannot. To enforce this, you must first register your video with the US Copyright Office. If you haven't done so, your case would not qualify for statutory damages until you do; you must prove actual damages based on the distribution on that site, and I bet that will be difficult for you to do, since you can now use that site as a marketing platform to show your work to your own potential clients.

Let's look at this a little bit. You posted to youtube, which may be construed as an invitation to share a video (since that's the business model of YouTube). Given that, and the fact that you CAN now use the posting of your video on their site to show potential clients your work, the fair use defense may be a good one in your case, which means you'd win nothing. So try thinking about a win/win outcome to this. Why not ask the golf course (nicely, without a lawyer) to give you byline credit for the video on their site and agree to drop your copyright infringement claim if they do that? That way, your credibility is built up with your own clients and potential clients, and they lose nothing (in fact, they gain market exposure when you refer your potential clients to their site to view your video). You can, and perhaps should, also ask them for a (small) royalty for their use of the video, but there you'll likely get some resistance. People don't give up money easily.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 5/16/12, 10:17 am


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