Do those FBI anti-piracy warnings on movies bug you? David Pogue recently wrote about the frustration of consumers with those FBI warnings that run as you are about to watch a movie on DVD, Blue Ray, et al.
According to this copyright office circular, it’s probably not legally mandatory for new works. While copyright notices are still beneficial, U.S. law no longer requires their use in order to protect a claim to a piece of work. By publishing a work, you are claiming your copyright. Prior law requiring the use of a notice is still relevant to the copyright status of older works— works published before January 1, 1978, are governed by the previous copy- right law. Under that law, if a work was published under the copyright owner’s authority without a proper notice of copyright, all copyright protection for that work was permanently lost in the United States.
Here is some specific guidance for movies, from the same circular:
Motion Pictures and Other Audiovisual Works
A notice embodied in the copies by a photomechanical or electronic process so that it ordinarily would appear whenever the work is performed in its entirety may be located:
- With or near the title
- With cast, credits, and similar information
- At or immediately following the beginning of the work
- At or immediately preceding the end of the work
The notice on works lasting 60 seconds or less, such as untitled motion pictures or other audiovisual works, may be located:
- In all the locations specified above for longer motion pictures, and
- If the notice is embodied electronically or photomechanically, on the leader of the film or tape immediately preceding the work
For audiovisual works or motion pictures distributed to the public for private use, the locations include the above, and in addition:
- On the permanent housing or container
Basically, the FBI Seal program is optionally published by the various industry organizations. If it’s not legally mandatory, why do it? Well, to discourage piracy and illegal copying of DVDs. (Whether or not this practice works, or gives frustrated consumers more incentive to download illegally, is up for debate.)
As of August 2006, the FBI authorized use of the FBI Anti-Piracy seal and warning by members of the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA), the Software & Information Industry Association (SIIA), the Business Software Alliance (BSA) and the Entertainment Software Association (ESA), subject to each member entering into a formal Uniform Authorization Agreement. Association members should contact the MPAA, RIAA, SIIA, BSA, or ESA for more information…
It is perfectly fine for anyone, without FBI approval, to use the following generic language on material protected under U.S. copyright law: “the unauthorized reproduction or distribution of this copyrighted work is criminal copyright including infringement without monetary investigated by FBI and punishable up to 5 years in federal prison a fine.”
Lastly, here’s an alternative warning found with the movie Fight Club:
WARNING
If you are reading this then this warning is for you. Every word you read of this useless fine print is another second off your life. Don’t you have other things to do? Is your life so empty that you honestly can’t think of a better way to spend these moments? Or are you so impressed with authority that you give respect and credence to all who claim it? Do you read everything you’re supposed to read? Do you think everything you’re supposed to think? Buy what you’re told you should want? Get out of your apartment. Meet a member of the opposite sex. Stop the excessive shopping and masturbation. Quit your job. Start a fight. Prove you’re alive. If you don’t claim your humanity you will become a statistic. You have been warned……
- Tyler
