Video search marketing is presently taking a center stage. However, a good number of marketers dealing with small to medium businesses do not understand the legal issues involved in using online video. Before using video search marketing, business owners ought to understand the critical legal issues involved the consequences of going against the law and basic tips on how to protect their business and video assets.
The biggest legal issues experienced with online video include copyright infringement, right of publicity,Trademark infringement, right of privacy and defamation. Below is a description of the legal tips that video marketers can use as precautions to ensure their video assets and those of their clients are protected.
1. Get the Necessary Permissions
After producing and publishing any video for promotional or commercial purposes, you are likely to be faced with a lot of personal rights and intellectual property issues. This could be in the form of copyrighted footage owned by other people inserted into your video. It could also be a talent featuring in your video whether paid for or non-paid. If your video involves shooting an event, you will be required to have permission from the main facility in-charge of the event and the event promoters before going ahead.
The types of permission you need to include any copyrighted content in your video depend on how you decide to feature your video. At times, you may have permission to record someone or something but may only be allowed to use it personally rather than publicly. Alternatively, you may be allowed to have a video published for informational purposes rather than commercial. While crafting your video, it is important that you portray your facts in a straight manner. Avoid misrepresenting others or yourself intentionally.
Before using any content or footage in your video that is not your own, you will have to check for the original owner. While looking for the original sources, you can do the searches online to find copyright registration and trademark names. Having a written release waiver is the best way to get permission from the original creator of content. If you are not sure on whether you have permission to access someone’s content, it is advisable that you avoid using it completely.
Alternatively, if you are serious about protecting yourself and your video assets, you can consult an attorney who will help you review or create a video release waiver form. If you find it tough getting a written waiver, you could alternatively get an email expressing your permission. However, you will be required to be very discrete by using the right language in crafting your legal request. If you cannot get an email, you can ask the person you are video recording or the granting authority for a recorded verbal release.
2. Have Legal Contracts
It is important that you check through your written contracts with vendors, clients and other third parties. The contract should be written with a clear language. Additionally, it should also absolve you of any liability from restricted video content and unauthorized material that they might provide you with. Your clients might claim to have legal permission to use some specific content only to end up into serious copyrighting law suits. It is important that your contract protects you against such cases since your clients will expect you to work with the materials they provide you with while creating a marketing video for them. Failing to protect your contract can result in most of your projects going to waste after your project gets compromised with a cease-and-desist notice.
3. Understand the Right time to consult an Attorney
As a video search marketer, you should have a close relationship with an attorney. The best attorney should have specialized in dealing with Internet law, intellectual property and entertainment law. Ideally, they should not only have followed the online video space and consulted with web video campaign clients but should also have actively taken part in web video marketing. Before doing any big campaign that involves use of video, it is important that you set some little budget for consulting with your attorney. Your attorney will help in reviewing all your project plans to ensure they are in check with the required regulations. They will also help you determine the permissions you need and those that are not necessary before proceeding with your project. They will also guide you on necessary precautions before you start shooting and publishing your project.
You will have a better understanding of the risks involved in each preparation stage and how to deal with each challenge accordingly.
4. Follow the Online Legal Resources
Fortunately, the Internet has a lot of legal information concerning online video marketing. This information is available free of charge and it won’t cost you even a cent. You will have to review any website guidelines available concerning submission of video content. More importantly, you will be required to look at the trademark and copyright guidelines required while filling claims as well as counter-claims.
Following the above legal tips will protect you from facing serious consequences associated with video search marketing. Such consequences include injunctions, civil lawsuit and loss of business and reputation. With injunctions, your videos will certainly be removed from the site you share your videos on. If the situation is considered a serious violation, your account could as well be cancelled or suspended totally. In a civil lawsuit, you can be sued for both compensatory and punitive financial penalties. Your clients could also raise a civil lawsuit on you for failing to get the required clearance in advance.
As a result, you have to be careful while handling your tasks in order to avoid infringing on copyrights and registered trademarks. In the event of injunctions or civil lawsuit, you will definitely lose the reputation of your business. You will also lose the trust of existing and prospective clients. It is therefore important that you avoid having a history and record of legal violations and lawsuits. Being in touch with dependable legal advice will help you remain on the right track at all times.
Author Bio:
Robin Fitzpatrick is blogger for Surratt Law. He likes to write on law, various legal issues related to family law and also on different SEO related topics. For More Details Please Visit – http://surrattlaw.com/reno-child-custody.html.
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