Copyright or fair use?
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- This topic has 8 replies, 5 voices, and was last updated 2 years ago by
Utah Video Production.
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AuthorPosts
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January 14, 2019 at 7:34 AM #72006541
collie581
ParticipantI am making a documentary which includes the presenter sitting at a laptop opening various websites. The documentary is educational and not commercial. Will there be copyright issues or will the viewing of the websites be considered “fair use”?
Thanks Nigel -
January 14, 2019 at 3:21 PM #72006602
Utah Video Production
ParticipantI really don’t know the answer to that. Clearly, websites are copyrighted and you could get in trouble showing them. But as a documentary filmmaker creating an educational video you have more wiggle room. Take a look at this video on Fair Use and Copyright Infringement. I think you will find it helpful: https://www.youtube.com/watch?v=qyw5ShD9DWY It is long but covers a lot of great information.
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January 17, 2019 at 3:30 AM #72006697
collie581
ParticipantUtah Video Production Thank you for that link. It is indeed complicated and I think the message I got from it was that I would be taking a risk showing the websites in my video.
Nigel
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January 17, 2019 at 10:25 AM #72006702
Utah Video Production
ParticipantIt depends. For me, I do TV commercials and corporate videos. If I did a wait loss commercial and had voice talent saying “Fast food makes you fat and doesn’t taste good” while showing someone looking at a McDonald’s website I would be in hot water. Because you are making a documentary you have a little more leeway. They actually do cover it somewhat in that link. Keep in mind corporate logos are trademarked and they are on company website. The person in the link is actually a lawyer who specializes in this topic and could help you. I’m sure she isn’t cheap though. Hope this helps and best of luck.
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January 18, 2019 at 4:54 AM #72006719
VebuVideoproduction
ParticipantI had a very similar issue last year, I received a lot of conflicting advice. so decided it wasn’t worth the risk.
Matt @vebu
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This reply was modified 2 years, 1 month ago by
VebuVideoproduction.
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This reply was modified 2 years, 1 month ago by
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January 20, 2019 at 7:05 AM #72006770
paulears
ParticipantI can only relate this to UK law, but the killer is your very first post. The video will be educational and not commercial. Where will the video be hosted? Let’s say it’s youtube. Will it be monitised? If you receive even a tiny sum for people watching it, then you’ve been paid, making any decent lawyer go in that direction. It seems very tricky to me.
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This reply was modified 2 years, 1 month ago by
paulears.
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This reply was modified 2 years, 1 month ago by
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February 18, 2019 at 3:49 PM #72008403
Daniel D. Teoli Jr.
ParticipantOP…Are you underground?
Own no real estate?
No steady hi-powered job?
Just got the clothes on your back, a few bucks in your wallet, smartphone, a vid cam, laptop and old car?
You are probably judgement proof and can do as you like more or less.
They wont get anything from you but practice. Especially if you work within what is generally accepted understandings of what fair use is and not intentionally breaking copyright for selling pirated items.
Many times the lawyers will go after cases just to try to extract blackmail money even though it would probably decided as ‘fair use’ in court. But who wants to go to court? So people pay small $$ to settle irritation cases.
…but I’m no lawyer.
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February 20, 2019 at 11:21 AM #72008476
collie581
ParticipantHi All Thanks for the comments. I am not sure I am any further forward. It seems a very grey area. I definitely have no intention of the documentary being commercial. I have recently been looking at Shutterstocks definition of commercial or editorial. It is a pity you could not just tick a box on YouTube to say the video contained editorial material. Thus covering yourself. Maybe I have got that wrong though!
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February 20, 2019 at 2:28 PM #72008499
Utah Video Production
ParticipantIf you click to monetize your YouTube video that is a way of saying it is commercial. Not checking it sort of says it is editorial…or at least you don’t want to make any money off of it on YouTube.
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