Video content used on national television with no permission.

[BG7]

Hi all,

I have a question regarding the use of my Instagram video content on national TV.

My content was used on two shows. Neither shows contacted me to ask for use.

One show used the majority of my video clip twice. This had no reference of acknowledgment to the source of the video.

The next show used the majority of two video clips. In this show on each clip, they gave a small on-screen display of my Instagram username for 4 seconds on each video clip.

Can anyone help me understand where I stand with this, are they legally allowed to use my content in this way?

[AndyJ]

Hi BG7,

Assuming that the content of your videos was your own creative work then you are entitled to the copyright in them. The fact that you chose to make the videos available on Instagram does not make your work 'fair game' and the TV companies should have sought your permission before going ahead. However if the videos featured some newsworthy event, a limited use of part of them might have been permissible as fair dealing for the purpose of reporting current events (see Section 30 subsections (2) and (3) of the Copyright Designs and Patents Act 1988) but only the second program which at least acknowledged your Instagram name made any real attempt to play by the rules.
You could contact the shows' producers and request payment of a reasonable fee for their use of your work, but you can probably expect them to try to duck their responsibilties. If that happens, sadly, I don't think it will be worth your while trying to make an issue out of it, if the news reporting exception is applicable.

[BG7]

Hi Andy,

Thank you so much for a quick response. I really appreciate it.

The videos which are my own, are of my version of a recipe 'hack' that had become very popular across social media platforms. I'm not sure that would be classed as newsworthy although it was a viral trend.

One of the things I am not sure about is even if it were classed as fair use. Is there a stipulation that they must acknowledge the source?

Thanks again

[AndyJ]

Hi BG7,

Under UK copyright law they are required to provide a credit except when this would be "impossible for reasons of practicality or otherwise". The fact that one program did provide a sort of credit to your Instagram name means that this should have been possible in both cases. Under the US doctrine of Fair Use, which is slightly different to the UK's fair dealing, a credit is not required.

[BG7]

This is great, thank you so much.

I'll find a contact for the show on ITV and raise the matter and see where we get