Legal Question in Intellectual Property in Colorado

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.


Asked on 2/27/07, 7:17 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Video Clips and Fair Use

If you intend to make money off your site, then you are very definitely going to need permission. There are ways to go about this; so contact me if you want assistance.

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Answered on 2/27/07, 8:23 pm
Steven Mark Steven Paul Mark, Attorney at Law

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.

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Answered on 2/27/07, 10:40 pm


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