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Can I use screenshot from Youtube video when reporting on htat video on Editorial site?

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eb84

Junior Member
Relevant for the entire USA.

I have an Editorial site on Sport. The site covers many events, games and sports players and more.
The site has Google ads on the side.

On youtube, there are many great videos that will be very interesting for our readers.
I want to report on these videos (while embedding them on my site through youtube embed option).
Can I use a screenshot from that specific video as the main photo of the article covering the video, while of course giving credit and link to the video under the photo?
 


FlyingRon

Senior Member
Likely if they are part of a review they are covered by fair use. There are a few catches. I'd be very careful if we're talking college or professional sports here. Not all videos on YouTube are legal uses of the material they carry and if you make use of it, the rights owner could come directly after you and the fact you stole it from a person who stole it isn't going to be a defense.
 

quincy

Senior Member
Relevant for the entire USA.

I have an Editorial site on Sport. The site covers many events, games and sports players and more.
The site has Google ads on the side.

On youtube, there are many great videos that will be very interesting for our readers.
I want to report on these videos (while embedding them on my site through youtube embed option).
Can I use a screenshot from that specific video as the main photo of the article covering the video, while of course giving credit and link to the video under the photo?
Whether you can use without a problem a screenshot from a YouTube video to illustrate a story depends on the video, the screenshot, the story and the litigiousness of the copyright/publicity right/trademark right holder.

The Copyright Act permits unauthorized uses of copyrighted material for certain transformative purposes, the purposes of which include commentary and criticism.

But, copyright fair use is not in itself permission to use someone else's copyrighted material. Instead, it is an affirmative defense to an unauthorized use of someone else's copyrighted material. It is a "yes I might have infringed but it is an excusable infringement" defense.

Trademark fair use is a legitimate infringement defense when a trademark is used to describe the product/service rather than used to trade off the trademark holder's name and fame.

For publicity rights, another person's persona cannot be used for commercial gain without authorization.

Although on the surface it appears your use of a screenshot to illustrate a story would be permissible, in law the specific facts always matter. You might want the specifics in your case personally reviewed by an IP professional in your area.

Good luck.
 

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