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copyright on screen shots of 'google search' results?

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spacecanine

Junior Member
What is the name of your state (only U.S. law)? Illinois.

Should I assume that it against copyright law to take a screen shot of a 'searched image' on a google page and copy it into a video that
I would put on my Youtube station?
(And by extension the same would follow on screen shooting a page from eBay page or 1stdibs? )
Basically, I am filming a show that sometimes discusses different fashion designers and if legal, would like to cut in a screen shot of said fashion designers work. If I type in say 'Ralph Lauren clothing' a page of images comes up in google- (same for Ebay or other clothing sites.) If legal I would like to put this image in my video. (I looked at both sites and couldn't really figure out what they were saying about this- I also tried to email or call Ebay but my question did not fall into one of their proscribed categories so I got stuck in a loop. Again, I'm guessing using a screen shot of images is infringement- but I'm hoping maybe not. Thoughts? Advice? (obviously I could just put in a non live link- but would rather put in a visual example of the what I am talking about-- I am hosting a show about fashion and in some episodes profiling different designers. This is a Youtube show. I am the only person involved. At this point the show has no advertising and no incoming revenue. ) Thank-you for your consideration.
 


adjusterjack

Senior Member
At this point the show has no advertising and no incoming revenue.
Ah, there's the rub.

"At this point" implies that, at some point, you'll expect to make money off this show and that would be infringement whether you showed the designs or put in a link.

If it was just for educational purposes and NEVER any advertising or income it MIGHT come under the fair use doctrine. I emphasized MIGHT so you'd better study up.

The safest bet is to get written permission from the designers whose designs you want to include in your video.

Otherwise, don't.
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? Illinois.

Should I assume that it against copyright law to take a screen shot of a 'searched image' on a google page and copy it into a video that
I would put on my Youtube station?
(And by extension the same would follow on screen shooting a page from eBay page or 1stdibs? )
Basically, I am filming a show that sometimes discusses different fashion designers and if legal, would like to cut in a screen shot of said fashion designers work. If I type in say 'Ralph Lauren clothing' a page of images comes up in google- (same for Ebay or other clothing sites.) If legal I would like to put this image in my video. (I looked at both sites and couldn't really figure out what they were saying about this- I also tried to email or call Ebay but my question did not fall into one of their proscribed categories so I got stuck in a loop. Again, I'm guessing using a screen shot of images is infringement- but I'm hoping maybe not. Thoughts? Advice? (obviously I could just put in a non live link- but would rather put in a visual example of the what I am talking about-- I am hosting a show about fashion and in some episodes profiling different designers. This is a Youtube show. I am the only person involved. At this point the show has no advertising and no incoming revenue. ) Thank-you for your consideration.
You would be better off from a legal standpoint if you take your own photos. Most of the images you run across online are copyright-protected and require permission from the copyright holder to copy and use. Permission generally comes in the form of a limited license, and the license generally will require payment.

You might want to search online for stock photo companies (like Getty Images) to see how to license photos for use on your channel, if you are unable to take your own photos.

Although it can be possible to use copyrighted images for some purposes, under the "fair use doctrine," fair use is an affirmative DEFENSE to copyright infringement - not permission to use copyrighted works. If you need it as a defense, that generally means you have been sued. It is always best to avoid getting sued. :)

Discussing a Ralph Lauren design and including images of the design to help move the discussion, however, is not only doable, it would generally not infringe on Ralph Lauren trademark rights. You will have to avoid using famous names to promote your site, though.

Here is a link to the Knight Community News Network (KCNN) J-Lab, which offers a wealth of information for those publishing content online: http://kcnn.org

On the KCNN homepage, I recommend you scroll down until you find "Featured Learning Modules" and skip to where it says "Limiting Legal Risk." The advice offered there on how to avoid getting into legal trouble with your online content is as good as I've seen.

You are smart to be checking out the legalities now. Good luck with your channel.
 
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spacecanine

Junior Member
Thank -you !

Thank- you very much for thoughtful advice
from both posting parties (Quincy and Adjustor Jack) I am very appreciative.
I will follow your suggestions. Best Regards!
 

quincy

Senior Member
Thank- you very much for thoughtful advice
from both posting parties (Quincy and Adjustor Jack) I am very appreciative.
I will follow your suggestions. Best Regards!
We appreciate the thanks, spacecanine.

Good luck with your online show.
 

quincy

Senior Member
By the way-- the Kcnn site is fascinating. Thank-you again
for suggesting!
I am happy to hear you find the KCNN fascinating.

I know the contributors to the site are excellent. I have found KCNN the most helpful and informative online source for those who write and publish content online, or who are contemplating doing so.

Again I wish you good luck with your show.
 
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spacecanine

Junior Member
Another question ---may I feature brands I own on a Youtube fashion show?

Hi again,

to Quincy (and or Adjustor Jack)

Well thanks to your suggestion, I spent many hours last night reading about
copyright law etc. I also found a very helpful site on YouTube where a lawyer
named L.L. talks about Youtube law. Based on everything I read and listened to I am
now wondering if my proposed show is legal or not legal. Hmmm!! I couldn't
sleep thinking about it so here I am with the big question:

As mentioned, my show is about fashion. Each episode is 10 minutes long.
I feature vintage clothes and current designers (and also vintage designs by
current designers like a 1960's ****tail dress by Oscar De La Renta. ) I am very upbeat
and excited about all the clothes-- no negativity or in any way bashing a design or designer. The idea
is more like fashion is FUN -etc etc.

So the question is: Is it fair use to feature me wearing -or my mannequins wearing- clothes
that I OWN but are made by various designers? Can I show three (or wear) Ralph Lauren
dresses for instance and have a ten minute tribute of sorts to his vision and his label?
In that vein, can I show my youtube audience what the label looks like? May I give a brief history of the designer
-tidbits I gleaned from open sources like Wikipedia? As well, there are planned episodes when different designers
whose clothing will be shown together say in a show on "let's get excited about sequins" etc.

I realize this is a lot of info. And any further insights you can provide would be fantastic -(-to
this mom who is trying to reinvent herself on a shoe string after ditching the corporate world to raise two great daughters.)
Thank you for any wisdom or further referrals. Very best wishes, C.
 
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quincy

Senior Member
Hi again,

to Quincy (and or Adjustor Jack)

Well thanks to your suggestion, I spent many hours last night reading about
copyright law etc. I also found a very helpful site on YouTube where a lawyer
named L.L. talks about Youtube law. Based on everything I read and listened to I am
now wondering if my proposed show is legal or not legal. Hmmm!! I couldn't
sleep thinking about it so here I am with the big question:

As mentioned, my show is about fashion. Each episode is 10 minutes long.
I feature vintage clothes and current designers (and also vintage designs by
current designers like a 1960's ****tail dress by Oscar De La Renta. ) I am very upbeat
and excited about all the clothes-- no negativity or in any way bashing a design or designer. The idea
is more like fashion is FUN -etc etc.

So the question is: Is it fair use to feature me wearing -or my mannequins wearing- clothes
that I OWN but are made by various designers? Can I show three (or wear) Ralph Lauren
dresses for instance and have a ten minute tribute of sorts to his vision and his label?
In that vein, can I show my youtube audience what the label looks like? May I give a brief history of the designer
-tidbits I gleaned from open sources like Wikipedia? As well, there are planned episodes when different designers
whose clothing will be shown together say in a show on "let's get excited about sequins" etc.

I realize this is a lot of info. And any further insights you can provide would be fantastic -(-to
this mom who is trying to reinvent herself on a shoe string after ditching the corporate world to raise two great daughters.)
Thank you for any wisdom or further referrals. Very best wishes, C.
There should be no problem showing clothes that you have legally purchased, and then discussing the designs and designers (just make sure the clothes are not counterfeit products and make sure you do not defame the designers).

What you need to avoid is using the designers to promote or advertise your site.

There is a good "fashion law" site you might be interested in (thefashionlaw.com). You can see how information on designs and designers can be presented.

You may want to have an attorney in your area personally review your plans prior to publication to better ensure your site is not in any way courting a legal action. Having your site insured is recommended in case, despite your best efforts to avoid a lawsuit, someone takes exception to the content on your site and decides to sue.

Good luck.
 
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spacecanine

Junior Member
Thank-you once again.

Hello Quincy.

You are a wealth of knowledge and boy do I appreciate it.
Your advice lines up with other advice I got yesterday and
I feel I am now understanding my role in being able to
launch my show and still be in legal compliance. As well,
I found a media attorney in the vicinity in case of: A. success
and needing advice on growing the show and B. in case of
some unpredictable legal action against me. (I'm a pretty careful person
so I am hoping that won't happen!!!) I am happy to put out a word on
your private services on Facebook if you want. I think I read that you are
in Michigan-perhaps that is incorrect- but I am from Michigan and have plenty
of friends there. Again, thank you so much!!!! C.
 

quincy

Senior Member
Hello Quincy.

You are a wealth of knowledge and boy do I appreciate it.
Your advice lines up with other advice I got yesterday and
I feel I am now understanding my role in being able to
launch my show and still be in legal compliance. As well,
I found a media attorney in the vicinity in case of: A. success
and needing advice on growing the show and B. in case of
some unpredictable legal action against me. (I'm a pretty careful person
so I am hoping that won't happen!!!) I am happy to put out a word on
your private services on Facebook if you want. I think I read that you are
in Michigan-perhaps that is incorrect- but I am from Michigan and have plenty
of friends there. Again, thank you so much!!!! C.
You can refer anyone you know who is seeking information on the law to this forum. I will be happy to help where I can.

I am glad you located an attorney in your area of Michigan to assist you with your show, should you find assistance necessary.

Thanks for the nice words. They are appreciated.

Good luck.
 
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