We recently received a query from a client about whether they can utilise a video clip of their CEO giving an interview to an international news agency in their marketing material.

The interview was filmed at the offices of the news agency.

At first thought, you may think why not? The video contains their CEO, who agreed at his own time and expense to be interviewed and the content is based on his thoughts and views.

Well legally speaking, there is a problem and the company cannot use the video or web link to the video on their marketing material, without the permission of the news agency.

The Copyright Act provides protection to the reproducing or adaption of a video or cinematograph film. In this case, if our client (a listed entity), utilised the video in marketing material they may be infringing the copyright of the news agency.

There are certain circumstances or exceptions, where videos or films can be utilised without infringing copyright and these exceptions are deemed “fair use” or “fair dealings”. Should you have any questions regarding copyright and whether you are in fact infringing copyright or utilising the work fairly, please feel free to contact Moore Attorneys.

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