Video Clips and Fair Use
This is a ''Fair Use'' question I guess:
What is the current take on using
other peoples online video in an
online video show that highlights
online video? The show will be a
new/commentary/parody and I've
heard that this can be looked at as
fair use. I will be talking over the
video clips too.
Eg. If I want to produce a web based
show call ''Best Pet Video's'' and I
include other peoples YouTube/
Online videos in the show. Will I
have to have their express
permission if I only show a portion of
the video?
If someone uploaded something from
ABC, probably not legal; a cat playing
a piano, and I featured it on my
show would I be liable by
association? I've seen posting on Fair
Use have read comments on if my
work will take away from the value
of their work, the lenght used and if
I'm using the main part of the work
as apposed to a not so important
part. It seems a somewhat gray area
but your comments please.
Re: Video Clips and Fair Use
Fair use is as gray as a thundercloud over Kansas in the summer -- that's pretty gray. Much of what you want to do may not be fair use. You can make stronger cases out for satire rather than parody and for critical commentary rather than mere commentary. If your use is transformative as opposed to being derivative, you're in better shape. If you're intending to invest money in this venture hire an IP attorney. Whether the use is intended to be commercial (works against fair use) or noncommercial (still can get you in trouble though better for a fair use position) is also added to the determination. Fair use is established by an analysis of several factors (at least 4) and even if you research the law, you may still end up on the short end of an infringement suit. Like I said, hire a lawyer.
Re: Video Clips and Fair Use
Fair use is as gray as a thundercloud over Kansas in the summer -- that's pretty gray. Much of what you want to do may not be fair use. You can make stronger cases out for satire rather than parody and for critical commentary rather than mere commentary. If your use is transformative as opposed to being derivative, you're in better shape. If you're intending to invest money in this venture hire an IP attorney. Whether the use is intended to be commercial (works against fair use) or noncommercial (still can get you in trouble though better for a fair use position) is also added to the determination. Fair use is established by an analysis of several factors (at least 4) and even if you research the law, you may still end up on the short end of an infringement suit. Like I said, hire a lawyer.
