Monday, 30 August 2010
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Copyright
There's something that is concerning me about making videos. I'm not sure if I'm allowed to use brand name products of foods in my videos. In my last video, I used several brands like Kellogg's, Yoplait, Snickers, etc. The only food I really put in a "bad light" is Snickers. And I guess I'm kind of wondering if I'm infringing on copyright or whether the Snickers company can sue me for umm... flicking them away.
I see tons of Youtube videos (especially the make-up and fashion videos) using brand name products. But when I watch TV or some korean soap operas, they blur out people's T-shirts or car brand names.
So can I use food brand names in my videos? I think it's great to show you guys products that I like and support, but I don't want to get sued either. I am considering to get legal-advice or slap a piece of paper that says "SOY MILK" on a carton. But that would look kind of strange.
I'm super confused. Any advice would be appreciated! On Youtube's FAQ and copyright pages, I only find advice about using your own film footage (and/or photography) and be careful of copyrighted music. I got that down. I'm sure it's a huge grey-area, but it definitely concerns me!
On a side note, I donated blood last week! It's something that I've always wanted to do, but I'm really scared of needles. Deep breaths help! The feeling and thought that you are helping other people in need is great
I got a couple of stickers. I liked the one that said "Be nice to me... I gave blood today!" And my parents were super nice to me and fed me for the rest of the day while I lied in bed and watched TV. Oh so productive.
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Comments (23)
I think you're okay. 95% sure at least.
I don't think you would be sued....if anything they (the companies) actually like it if their products are being featured.
Congrats on giving blood. That's something I always wanted to do but still didn't do it yet! You're getting more and more proactive and that's a good sign of progression :)
Wish I knew what to tell you...
As a matter of law, you are infringing on copyright. And if you portray a product in a bad light, you are, technically, exposing yourself to legal action. But as a practical matter, you don't have anything to worry about.
I can't give legal advice either, but I Googled your question and found these links which I thought would be useful:
"However, it is unlawful to make false, disparaging or harmful statements about a branded product."
From http://www.videomaker.com/article/14257/
Can YouTube videos contain brand names?
Is it considered copyright infringement to wear popular brand name clothing in YouTube videos?
Regarding giving blood, it's pretty scary to see that big ol' bag full of your (what we metaphorically think of as) "life essence," isn't it? :P
@doahsdeer - What do you mean by "practical matter"? I dont' really understand that part. Thanks for your help!!
@theHealthRabbit - What I mean is, the chances that a company is going to find out, and is also going to care enough to make an issue of it, is unlikely. But, as I said before, technically, it is a violation of copyright law. Many filmmakers and writers use a made-up name to avoid the problem.
@Senlin - Thanks for your help in researching! I tried to google the topic too but I wasn't finding any relevant pages. These links you have given me are golden. I think I'm going to re-film some of the scenes and re-upload this vid in the next few weeks. I would like to be accepted into Youtube's partner program one day, so I definitely want to do things right and do things that will keep me safe from lawsuit!
The blood bag was pretty cool! I can't believe how much they take! Well apparently 500mL (2 cups) isn't very much, but it does seem like a lot of blood that just came out of you!
The main reasons shows blur out certain name brands is because they don't want to give these labels free marketing.
Imagine how much it would piss off paying sponsors, if you had a Snickers product on your show for free?
@doahsdeer - Thanks again for your help! It's probably safest if I re-film some of the scenes and re-upload my video in the next few weeks. I'm not going to rush it though, coz like you said, the chances that a company will make an issue over it is unlikely... especially since I have only a few hundred views on the thing.
@Mr_Jin - Yea that's true. I don't have any sponsors to piss off though haha
@firetyger - No worries dear. It's such a grey-area, especially on Youtube. Mainstream television and movies are different! But I think I should play safe and re-film and re-upload my video :(
YAY FOR BLOOD DONATING!!!!! Every bit counts! Sadly I cant always do it because of my anemia. But I ALWAYS test to see if I can. If I know ahead of time, I can eat my greens & get my iron count up.
I dont think you'll get sued. It's free advertising. But if you wanna be careful, just coverup or blur out the name. Honestly, I think snickers has more to worry over.
I want to give blood too! I don't even know what type of blood I am because needles and blood terrify me! How was it?
it depends on what country you're in. I'll explain the difference between Korean and US law regarding those things to best of my knowledge. Of course, not being a professional lawyer, you shouldn't use my advice in court, but I can at least picture you the outline.
If Tiger Wood appears on TV with his Nike shirt/hat on, that will be shown in both US and Korea. But if some obscure guy was wearing a Nike T-shirt and appeared on TV in Korea, the Nike logo, or any brand-identifying information (other than the overall design) will be blurred out. The difference in the two scenarios is that for Tiger Wood, he was paid and endorsed by Nike; Nike paid Tiger, and the broadcasting agency, by showing whatever he's doing (golfing, womanizing, etc), is making money off of him, so they have to show what he's wearing as well, whereas in second case, Nike would pretty much be getting free advertisement because some random guy was wearing it. In short, for Tiger's case, Nike is, in some way/fashion, paying the broadcasting agency for the advertising effect, whereas in second case, they're not.
Also, in Korea, the TV station can get sued if someone is visually identifiable, the identifiable person did not give consent to be on TV.
In any case, I'd imagine they'd give u warning, at least, to take your post down if anything.
i dont think you need to redo the videos. people review branded products on youtube all the time. If it's not defaming a product in an obscene way, i don't think a company would care.
Great question!
@lil_squirrel4ever - Donating blood is scary, but I'm glad that I finally did it! I was pretty tired for the rest of the day, but other than that, everything was fine! 1-888-2-DONATE!
@jai_ko - Thanks for your tips! It's confusing because I see tons of other Youtubers using brand name products. Even that guy, Peter Chao.. he always wears brand name sunglasses and does skits with the iPhone and iPad. And he even posted up a picture of this poor guy sleeping on the bus with a boner... and his face was visible too! I thought that was so rude/embarrassing for the guy.
We had a blood drive at school today. Everyone that donated got those stickers. haha
If you want to play it save, you can just use generic, and only use brand name if you want to use it as example?
Besides, if you do use a certain brand on the video, it might seem as though you're promoting/endorsing them, so it depends if you want to be seen in that light.
That reminds me, I should go back to donate blood soon, haha