How to avoid violating intellectual property rights in corporate videos

Corporate videos are a popular means of promotion for companies, and for reaching internal employees with important messages. What companies often miss is that many of the images, sounds or references included in these presentations may be legally protected under copyright, trademark, or other intellectual property (IP) rights. Even something as innocuous as a painting on the wall in the background of a shot may be protected under copyright, and displaying it in the video without proper permission can result in heavy penalties.
“As companies work through the planning stages of their corporate video, it’s critical that they consider what releases and licenses must legally be obtained before shooting,” says Sandra M. Koenig, a partner at Fay Sharpe LLP.
Smart Business spoke with Koenig about corporate videos and how companies can ensure they are free from copyright violations before broadcasting.
How is ownership determined?
The creator of a video is typically considered the holder of the copyright. In the U.S., when a work is created within the scope of one’s employment, the employer is the author and owner. This is the case when it is the employee’s responsibility to create a video as a central part of his or her employment. If making the video falls outside of the employee’s core duties, or the employee works for the company at a foreign office, then the employee is considered the author and owner and he or she must transfer the copyright or provide permission to the employer before the employer can freely broadcast it.
When a third party creates a video, even if it’s done so on a company’s behalf, the third party owns the copyright and the company needs to get permission from the owner to broadcast it. Ideally, the creator will agree to assign the copyright in the video to the company.
Must a company get permission from employees to show them in a video?
Written releases from all individuals who appear or can be heard in a video should be obtained well before the video is shown, either publicly or internally. Rights of publicity are different in each state, so check to make sure the appropriate permissions have been obtained from each person before proceeding with a video shoot.
Similarly, if a company uses a person’s name, likeness or other recognizable aspects of their persona, even a nickname, without permission in a video, the company may have violated an individual’s publicity or privacy right. Make sure to obtain written  authorizations from the persons or the estates of the persons who may be included in a video before proceeding.
How can music be incorporated into a video without violating copyright?
Companies that include music in their corporate video need to get the appropriate licenses from the copyright holders before music can be used.  For example, a music publisher may own the copyright in the sheet music, while a record label owns the recorded song. Permissions from all relevant copyright holders should be obtained.
What IP might be missed in videos?
Sometimes companies inadvertently include a protected property in their videos. This can happen when a product, piece of art or brand is not cleared from the shot and appears in a video. Even if it’s an accident, the company could be liable for using the image without obtaining permission. Showing any branded or protected product or image in a corporate video can be misconstrued as that brand in some way supporting the products showcased in the video.
Unless they are in the public domain, works of art, such as painting or sculpture, also should not be shown without permission from the copyright owner for similar reasons.
The risks associated with video presentations can easily be cleared if companies are familiar with the potential copyright pitfalls that can happen during a shoot. Lawyers familiar with IP law can help companies navigate potentially costly mistakes, but it’s important to engage an expert from the outset because once a video is broadcast, it’s too late.
Insights Legal Affairs is brought to you by Fay Sharpe LLP