Using a NCAA College logo in video

LKgolf

Member
Joined
Feb 27, 2018
Messages
15
Reaction score
1
I recently put up a video featuring the Iowa Mens Golf Facility where I show what their school golf facility is like. I decided to not monetize this video because I was using Iowa State's name and logo. But this video is doing really well and I'm wondering if it would be okay if I just monetized it?

If you want to see the video as a reference search: D1 college golf facility

It should be the top of the list
 

KudoJin

I've Got It
Joined
Jul 29, 2017
Messages
112
Reaction score
50
Age
29
Channel Type
Animator
I would say it depends on your exact use case. In some circumstances, you could argue that it's fair use. That having been said without seeing the video it would be hard to say either way.

I can't take a look at the video atm, but if you'd like I can take a look in a bit and see what I think.

Just remember as a quick disclaimer - I'm NOT a copyright lawyer and I can't say that this is legal advice, just my opinion and my views on how I would handle the situation.
 

LKgolf

Member
Joined
Feb 27, 2018
Messages
15
Reaction score
1
I'd be interested to see your take on it! I know it's not actual legal advice but I'm interested to see what other people think. I'm considering paying a little bit of money to ask this question to an actual copyright lawyer potentially.
 

KudoJin

I've Got It
Joined
Jul 29, 2017
Messages
112
Reaction score
50
Age
29
Channel Type
Animator
Okay so I watched some of the video and it is possible that it might fall under fair use.

Here's what I think you have going for it:
  1. The use of the logo in the video, aside from the footage that you recorded in the facilities, is very limited, only a few seconds.
  2. You won't be able to find much alternatives that would identify it as well as the logo and the name
  3. Currently the video is not monetized.
That having been said, once you monetize the video you lose point 3. That said, it shouldn't be too big of a deal since I've seen many YouTubers use copyrighted content under fair use while also monetizing it (usually this is for review and/or critique, though yours may fall under it as well).

Furthermore, because you are using the name and logo, you should also look into trademark law (which is separate from copyright law). I don't think your video breaks any trademark laws, since it would fall under the fair use in trademark law as well (you are using the logo and name to directly refer to their facilities, hence I don't think you are misusing their trademark).

Overall I think you're in the clear to monetize it, but that is just my opinion.

Again, and I know I might be beating a dead horse but I just want to make sure that nobody complains to me later on if something does happen (some organizations and companies take copyright and trademark to a ridiculous level, imo), I'm not a lawyer, so if you want to know for sure it would be best to talk to an actual lawyer.

Also, I do want to point out that fair use is NOT something that you can use preemptively. It's something that must be proven in court. If you are sued, the responsibility would fall onto you to prove that your use of the copyrighted/trademarked material falls under fair use. A LOT of YouTubers don't have the time, nor have the money, for that. This is why you'll see a lot of Let's Players avoiding certain games form certain companies.

So yeah. There's a lot to consider.