Game Trailer Question (Received Answer)

the100yengamer

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I am going to make 2 to 3 min video about gaming news
I want to use some portion of game trailer (maybe 10 15 seconds of it)

Game trailer will not be used full screen, in other words I will be in the video and on the left side of me standing there will be small box and in side of the small box will show portion of game trailer (Picture in picture)

Will this count as fair use?

I read most of the topics here regards to fair use or game trailer and still not sure what is correct

Please advise
 

JewBearBagel

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I honestly have no legitimate knowledge of this subject. However, I will say that since it's a game trailer, I don't see why there would be a problem. A trailer is an advertisement for the game, and by having it in your video, in a way you're advertising that game for free. I don't see why the developers would have a problem with that, unless of course you're commenting on it in a negative manner, in which case they might not like that? Point is, I think you're good, but it may be advisable to wait for someone with more experience in the subject matter to respond.
 
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TJPlaysYT

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I honestly have no legitimate knowledge of this subject. However, I will say that since it's a game trailer, I don't see why there would be a problem. A trailer is an advertisement for the game, and by having it in your video, in a way you're advertising that game for free. I don't see why the developers would have a problem with that, unless of course you're commenting on it in a negative manner, in which case they might not like that? Point is, I think you're good, but it may be advisable to wait for someone with more experience in the subject matter to respond.
I agree with this as well. It's pretty much like a company having someone review there product for free, which believe me is big, because people expect money or something in return if they do reviews now a days. But going along with JewBearBagel I think he is correct!
 
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Andrew Flint

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If you can I would contact the companies which advertise and create the games. That will be the only way you can get a yes or no answer to using their trailer. You're normally okay with trailers as long as you don't down talk the game ;D
 
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SandSeven7

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Chances are you're fine, but the deciding factor for me on waiting to make sure would be whether or not I believe the video will become a gateway video.

I could live with the average upload having an issue; however, if it's a video that I know is going to do well in the searches and suggested videos, I would hold off a bit and clarify. With that, if time is critical then I would just leave it out of the video.

Even with that being said, the way you described it to me, I don't think the normal copyright filter is going to pick up a picture in picture clip of a game trailer to tag it as copyrighted material.

If it was me, I would post it. Best of luck!
 
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the100yengamer

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Thanks for all the replies,
I am with Machinima Network and just received reply back from them stating that it is OK to use the game trailer as long as I talk over.

I am not going to down talk the game at all, so I think I am good to go! Thanks again for all the inputs!