Is re-uploading a movie trailer a copyright violation?

Many people think that movie trailers are promotional content, so they can freely re-upload them on social media platforms. However, not everyone knows that trailers are also copyrighted works. If you re-upload them without the consent of the producer or distributor, you can be considered to have violated copyright. So, is re-uploading a movie trailer a copyright violation? Let’s find out more in this article with VCD.

What is a movie trailer?

A movie trailer is a short video clip taken from the content or images of a movie to introduce and promote the work before its release. Usually, trailers are created by the producer or distributor of the movie, and are intended for advertising and media orientation.

Even though it is for promotional purposes, movie trailers are still considered a derivative work under the intellectual property rights of the movie owner, including copyright and related rights. Therefore, the reuse of trailers without permission needs to be carefully considered from a legal perspective.

Legal basis for copyright in movie trailers

According to Article 4 of the Intellectual Property Law 2022, copyright is protected for “cinematic works and works expressed by means similar to cinematography”. Movie trailers, even if they are just summaries or cuts, are still within the scope of protection of cinematographic works, if created by the owner.

In addition, Article 28 of the Intellectual Property Law 2022 clearly stipulates acts of copyright infringement, including:

• “Copying works without permission from the copyright owner”;

• “Communicating works to the public without permission from the copyright owner”;

• “Using works without clearly stating the source and origin”.

So, if you re-upload a movie trailer without permission or without complying with the citation regulations, that action may be considered copyright infringement.

Is re-uploading a movie trailer a copyright violation?

There are three common cases where users accidentally (or intentionally) violate copyright when sharing movie trailers:

• Case 1: Re-uploading trailers on personal channels to attract views or make money. Many people often download movie trailers from official channels and re-upload them on personal accounts with the aim of increasing interaction, attracting viewers or enabling monetization. This action is considered illegal copying and commercial exploitation, violating the property rights of movie owners according to Article 20 of the Intellectual Property Law 2022.

• Case 2: Cutting, editing trailers to re-upload. When users cut trailers, add subtitles, add music, insert personal logos or effects and then post them, this action can be considered as making derivative works without permission (Article 28, Clause 7 of the Intellectual Property Law 2022). Even if it is just a “light edit” or “remix for fun”, if permission is not asked, it is still considered a violation.

• Case 3: Reposting trailers without citing the source or without permission. If you take trailers from foreign movie sites, websites or social networking platforms without citing the source or without permission from the owner, this is an act of infringing on the author’s personal rights.

Depending on the severity of the violation, the person reposting the movie trailer may be subject to administrative sanctions or civil prosecution.

Pursuant to Decree 28/2017/ND-CP, copyright infringement can be subject to:

• Fines from VND 15,000,000 to VND 35,000,000 for copying, distributing, and transmitting works without permission;

• Forced removal of infringing videos, public apologies, and compensation for damages if they affect the reputation or economic interests of the owner.

For social networking platforms, accounts that repeatedly infringe copyright can be subject to:

• Warnings, monetization features blocked;

• Video removal, channel deletion, or account suspension;

• Even civil lawsuits if they cause serious damage.

Cases in which movie trailers are allowed to be used without copyright infringement

Not all cases of posting trailers are violations. The law also allows for some reasonable exceptions to serve legitimate purposes, as stipulated in Article 25 of the Intellectual Property Law 2022.

Some cases where movie trailers are allowed to be used without permission or paying royalties include:

• Reasonable quotations for commentary, introduction, criticism or illustration, with the source, author and owner clearly stated;

• Use for informational and journalistic purposes, for example: reporting on upcoming movies in news bulletins or articles introducing cinema;

• Teaching and research in an academic environment (not for commercial purposes).

However, these exceptions are only legal if the quotation does not distort the trailer content and does not affect the owner’s legitimate commercial exploitation rights. In other words, you should only use the trailer within the scope of “introduction – commentary – information”, not post the entire trailer on your personal channel for profit.

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