Do I need to seek permission?

[letslearn]

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

I would like to start a youtube channel that explains the rules to games. To do so I would be showing the game art itself and explaining the pieces in the game and how they work according to the rules published in the game. While the youTube channel would primarily be educational, it would be for profit because of the ad revenue possibility. However, I would not be competing with the company, it would more closely be an advertisement.

Would using their name, showing their art, and game pieces while explaining how to play the game something that I would need to seek permission in order to do legally? Last thing I want is to invest time and effort only to get a C&D.

Thank you for your time.

 

[quincy]

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

I would like to start a youtube channel that explains the rules to games. To do so I would be showing the game art itself and explaining the pieces in the game and how they work according to the rules published in the game. While the youTube channel would primarily be educational, it would be for profit because of the ad revenue possibility. However, I would not be competing with the company, it would more closely be an advertisement.

Would using their name, showing their art, and game pieces while explaining how to play the game something that I would need to seek permission in order to do legally? Last thing I want is to invest time and effort only to get a C&D.

Thank you for your time.

Getting permission would be smart, if you do not want to invest time and effort into your YouTube channel only to get a cease and desist letter.

Trademark holders and copyright holders are protective of their rights and how their names and their works are displayed and presented to the public. They are not always appreciative of those who use their trademark or their works to "advertise" for them. They tend to think these unauthorized uses are designed to capitalize off their name and works and infringe on their rights.

While "how-tos" are possible, and reviews of works are possible, and describing works is possible without infringing on rights, where trademark use and excerpts of copyrighted material can be seen as a fair use, there can be a fine line between what can and can't be done with rights-protected material without attracting the attention of rights-holders and their attorneys. I am afraid your proposed use of rights-protected material will attract the type of attention you want to avoid.

You might want to go over your proposed idea with an IP attorney in your area for a personal review of the specifics of your YouTube channel. The attorney can work with you to eliminate areas of most risk and help you get permission from those who might consider suing you without this permission.

Here is a helpful link for those who plan to publish material on the internet, from Knight Community News Network. Although there is a lot on the site worth reading, on the top of the home page banner, you can look for "Modules" and click on it. Scroll through the modules until you find "Legal Risks:" http://www.kcnn.org

Good luck.