Regarding images and fair use

B

Brad_shawl

New Member
hey guys, i have a question that has been bugging me for quite some time, and have not been able to find a concrete answer on the web, i hope somebody here will be able to answer it!
For example, i have a video of the history of mario bros on youtube. I use some pictures of shigeru miyamoto (from google images mostly) and also i use a pic (for like 4 seconds) of a bamboo forest. I talk abouy the story of mario over the images (i used the bamboo picture because shigerunstated that he loved visiting forests as a kid). I have another video of trivia where an in game character is based on mahadma ghandi, and i used an image of ghandi (again, for a few seconds) illustrating this. I have also used some amazing pictures from deviant art (giving credit and a link on the video description), to illustrate something i am talking about. So...my question is: is this fair use? Could my videos get taken down (i mostly do reviews). Am i safe stating fair use? Could i even get sued??

I now use only official images (from nintendo) or images fron wikipedia on the public domain, but the videos i mentioned before were made before i investigated on copyright issues.

Sorry for my bad english but i live on venezuela.

I hope somebody will be able to calm my nerves and give me a good answer!!
thanks a lot
 
Pictures of course, as you know, operate under the same copyright rules as everything else. A history of Mario Bros could be considered to be an educational piece and perhaps fall under fair use. Remember though that Fair Use is only a legal defense in a court room. YouTube is not required to comply with it because they are a private platform. As far as getting sued, that is very unlikely. Court battles over YouTube content are extremely unlikely because for most of us it would be a big company squeezing water out of a stone.

Further, I have yet to see anyone get into trouble over still images.
 
Brad_shawl said:
hey guys, i have a question that has been bugging me for quite some time, and have not been able to find a concrete answer on the web, i hope somebody here will be able to answer it!
For example, i have a video of the history of mario bros on youtube. I use some pictures of shigeru miyamoto (from google images mostly) and also i use a pic (for like 4 seconds) of a bamboo forest. I talk abouy the story of mario over the images (i used the bamboo picture because shigerunstated that he loved visiting forests as a kid). I have another video of trivia where an in game character is based on mahadma ghandi, and i used an image of ghandi (again, for a few seconds) illustrating this. I have also used some amazing pictures from deviant art (giving credit and a link on the video description), to illustrate something i am talking about. So...my question is: is this fair use? Could my videos get taken down (i mostly do reviews). Am i safe stating fair use? Could i even get sued??

I now use only official images (from nintendo) or images fron wikipedia on the public domain, but the videos i mentioned before were made before i investigated on copyright issues.

Sorry for my bad english but i live on venezuela.

I hope somebody will be able to calm my nerves and give me a good answer!!
thanks a lot
Click to expand...
What you've described is known as fair use, yes. Any time you're using pics to commentate on what you're talking about is considered as fair use because it's considered as a form of commentary. Rarely would you ever get taken to court. It's also rare that people would want your video taken down because of a simple pic. If it's relevant to the video, then I believe that you could easily fight it, if your videos ever got taken down. But it's a review. I couldn't imagine an instance in which someone would want your videos taken down simple because of their product that you're reviewing on. It just makes them look bad imo. But in cases where you need to give credit for the pics, definitely give credit for sure.
 
Thanks for the reply guys! What about images from stock pages that charge for those...using those would be considered fair use in the situations i am telling you? I also have another video where i mentioned the game developer went to the zoo to watch the movements of the gorilas for making in game characters (i used the picture of a gorila i found on google images). Can you get away using getty images as fair use? Im pretty sure i have never used a pic of them, but you never know!
 
Brad_shawl said:
Thanks for the reply guys! What about images from stock pages that charge for those...using those would be considered fair use in the situations i am telling you? I also have another video where i mentioned the game developer went to the zoo to watch the movements of the gorilas for making in game characters (i used the picture of a gorila i found on google images). Can you get away using getty images as fair use? Im pretty sure i have never used a pic of them, but you never know!
Click to expand...
I'm not sure what you mean by stock pages. Though it still would be considered as fair use, I would check the place that you got it from to see what their policies are on charged photos. I would tread lightly on pics that charge you anyways. If anything, just make sure you give credit either way. That way, if you get questioned about it, it would help your argument that you did give them credit. And yes you can get away with that gorilla image because it's relevant to what you're talking about.
 
Thank you very much for your answers guys! So we can safely say that i am ubder fair use, and on the clear!
Thanks a lot!!!
 
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