Video Publicity v. Privacy
2010
Question: Our CEO was recently featured on a broadcast TV talk show to discuss his topic of expertise. The show ended up on YouTube, so we can post a copy on our company web site, right?
Answer: Nothing is that simple. Even if you are in the video as a featured guest, you don’t have rights to the segment. The copyright is owned by the TV station.
On more than one occasion, after successfully getting a client placed as a guest expert on a broadcast or cable statione, we’ve asked on behalf of the client for rights to post interviews on a company web site. Almost 100% of the time, the answer has been “no.” The TV stations will allow you to link to their site, but rarely will give rights to repost the interview even if abridged.
The reason is simple. The TV station is in the business of driving traffic to its own site and sells advertisers to the broadcast station as well as to the online page based on eyeballs – the documented number of people who view the segment.
Posting a video on YouTube muddies the waters a bit. Some fine print has suggested that you are giving up your rights to your own material when you upload to YouTube. It’s the reason some purists use other channels, even though YouTube is clearly the leader. If you’re posting a video in hopes of being found, YouTube may be your clear choice. But, if you’re merely using the service as a way to get a video posted for use on your own web site, other services may be preferable.
As more and more small businesses go online with Facebook or work to make their web site more dynamic in the web 2.0 world, the issue of video posts is being questioned more often. It’s considered the competing rights of publicity versus the rights of privacy. For a great, commonsense review of the topic, check out this short primer and accompanying video by intellectual property attorney Mark Rosenberg of Sills Cummis & Gross P.C.
Tip: If you still want a video interview of your CEO on your web site, there’s one easy way to make it happen without worrying about copyright. Hire your own videographer, have him or her sign a work for hire agreement, use your marketing consultant or staff person as the interviewer and create your own online video show. You’ll own the rights, keep the questions to one the CEO can answer, and have some great multi-media additions to your online sites.
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