R
Robert Krakovsk
Guest
Inquiry regarding 'fair use' in copyright and trademark law.
I am creating a for-profit acting tutorial videotape. This product will be sold to the public for private home use and not for broadcast on the air or presentation in public forums. This videotape would employ a variety of actual commercial advertising copy (written text or script in its entirety, including the actual product brand name)from ad campaigns that are no longer being aired, as material for the purpose of students to use as a tool in experiencing a commercial audition and the recreation of a commercial audition scenario. This commercial copy (text) and product brand name will be used in an editorial and teaching context and will not be used to promote, market or endorse this videotape product. In that regard, none of the trademark symbols, brand names or any portion of the commercial copy will appear or be spoken in connection with the packaging, print ads or any other marketing or promotional materials for this videotape product. We would include a disclaimer on the package, which would state that the mentioning of product names in the tape is not to be construed as an endorsement of this video by that product. Would my business be within the category of ‘fair use’ with regard to copyright, trademark or any other applicable laws given this scenario? What other precautions can we take to ensure do-diligence in our efforts to comply with 'fair use' under copyright law?
I am creating a for-profit acting tutorial videotape. This product will be sold to the public for private home use and not for broadcast on the air or presentation in public forums. This videotape would employ a variety of actual commercial advertising copy (written text or script in its entirety, including the actual product brand name)from ad campaigns that are no longer being aired, as material for the purpose of students to use as a tool in experiencing a commercial audition and the recreation of a commercial audition scenario. This commercial copy (text) and product brand name will be used in an editorial and teaching context and will not be used to promote, market or endorse this videotape product. In that regard, none of the trademark symbols, brand names or any portion of the commercial copy will appear or be spoken in connection with the packaging, print ads or any other marketing or promotional materials for this videotape product. We would include a disclaimer on the package, which would state that the mentioning of product names in the tape is not to be construed as an endorsement of this video by that product. Would my business be within the category of ‘fair use’ with regard to copyright, trademark or any other applicable laws given this scenario? What other precautions can we take to ensure do-diligence in our efforts to comply with 'fair use' under copyright law?
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