Protecting digital distribution rights is crucial for filmmakers in today’s digital landscape. Ensuring your film’s rights are safeguarded under U.S. law is key to maintaining creative control and financial integrity.
This involves understanding copyright law, leveraging legal protections, and drafting robust distribution agreements. By doing so, filmmakers can effectively safeguard their intellectual property.
To protect your film’s digital distribution rights, including streaming, under U.S. law, you should consider the following steps:
- Secure Copyright Ownership
Ensure your film is properly copyrighted under the U.S. Copyright Act. Register your work with the U.S. Copyright Office to establish legal ownership and make it easier to enforce your rights in court if necessary.
- Use Digital Rights Management (DRM)
Implement DRM technologies to prevent unauthorized access, copying, or sharing of your film. DRM can restrict access to authorized users only, limit viewing to specific devices or locations, and even set expiration dates for access. Watermarking your content can also help assert ownership and track unauthorized use.
- Leverage Legal Protections
The Digital Millennium Copyright Act (DMCA) and the Protecting Lawful Streaming Act (PLSA) offer essential legal tools to combat copyright infringement in the digital age. The DMCA allows creators to file takedown notices against platforms hosting pirated versions of their work, enabling swift removal of unauthorized content. Meanwhile, the PLSA, enacted in 2020, criminalizes large-scale unauthorized streaming of copyrighted material, treating it as a felony for those who stream content for commercial gain or financial advantage. This law closes a long-standing loophole by imposing severe penalties, including up to ten years of imprisonment, thereby deterring piracy and protecting the rights of creators and copyright owners
- Draft Strong Distribution Agreements
When licensing your film for streaming or other digital platforms, it’s important to clearly define the terms of the agreement. Specify whether the rights granted are exclusive or non-exclusive to ensure clarity on how your film can be used. Use geo-filtering technology to control the territories where your film can be viewed, allowing you to target specific markets. Additionally, include clauses for sub licensing and assignment to prevent misuse or unauthorized exploitation of your rights, ensuring that your film is distributed legally and ethically.
- Monitor and enforce your rights
To protect your film from piracy, regularly monitor online platforms and streaming services for unauthorized use. If you detect any piracy, promptly file DMCA takedown notices to remove the infringing content. For more effective enforcement, consider collaborating with anti-piracy organizations or legal teams. They can help pursue offenders under laws like the Protecting Lawful Streaming Act, ensuring that those who engage in large-scale unauthorized streaming face legal consequences.
By combining copyright registration, DRM technology, robust agreements, and legal enforcement tools, you can effectively safeguard your film’s digital distribution rights in the U.S.
