A media disclaimer is a legal statement accompanying a piece of media such as a video, song, or newspaper article, providing information about how the media can be used and limiting liability on the part of the provider. Boilerplate disclaimers are available from a number of sources and it is also possible to draft a custom media disclaimer to address specific concerns. An attorney is usually involved in the creation or revision of such documents to confirm they comply with the law and cover all the necessary topics.
One aspect of a media disclaimer is a copyright statement. This statement informs the user about the ownership of the copyright and how the media may be used and is designed to protect the rights of the copyright holder. In some cases, this may involve a fair use statement indicating that copyrighted material used in the media is being utilized lawfully, as for example in the case of criticism of creative work where the work needs to be shown.
Media disclaimers can also warn users about the accuracy and reliability of the media, noting that information may not be complete or correct and the creator of the media does not accept liability for incorrect information, although it will issue corrections in the event of an identified error. A media disclaimer also warns that the creator is not responsible for how the content is used and for any damages incurred as a result of using the content. This is designed to limit the scope of liability for the creator by peremptorily addressing potential causes for suit.
The media disclaimer may also discuss the format the media is provided in and make it clear that the provider is not obliged to offer the media in a different format and is not liable for any errors caused by converting between formats. Such disclaimers can also include contact information for the publisher and/or copyright holder, allowing people with questions or requests for reprints to contact a person in a position of authority.
In the case of media drafted for a specific person on request, such as blueprints for a house, the media disclaimer may also indicate that the media is not designed to be used by anyone else, and that it is confidential in nature. This is designed to prevent people from distributing media not intended for general use, protecting confidentiality of clients and reducing the risk of copyright violations.
