• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Promotional videos

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



Bob D.

New member
I am working on starting a YouTube channel in the tech products niche and to promote those products in compilation videos with affiliate links in the descriptions below the compilations. I will be using manufacturers' promotional videos in the compilations. Should I be safe using manufacturers' promotional videos since they will be used to advertise those products?
 

Bob D.

New member
What is your question?
I am working on starting a YouTube channel in the tech products niche and to promote those products in compilation videos with affiliate links in the descriptions below the compilations. I will be using manufacturers' promotional videos in the compilations. Should I be safe using manufacturers' promotional videos since they will be used to advertise those products?
 

Zigner

Senior Member, Non-Attorney
I am working on starting a YouTube channel in the tech products niche and to promote those products in compilation videos with affiliate links in the descriptions below the compilations. I will be using manufacturers' promotional videos in the compilations. Should I be safe using manufacturers' promotional videos since they will be used to advertise those products?
What US state?
You should be safe if you get permission from each company. Otherwise, you're just stealing.
 

quincy

Senior Member
I am working on starting a YouTube channel in the tech products niche and to promote those products in compilation videos with affiliate links in the descriptions below the compilations. I will be using manufacturers' promotional videos in the compilations. Should I be safe using manufacturers' promotional videos since they will be used to advertise those products?
The promotional videos are both copyright and trademark protected. Although you could be legally safe in linking to the manufacturers’ sites where the videos appear, you would need to acquire permissions from the manufacturers (generally obtained in the form of licenses) to use the videos on your own site.

Rights-holders get to decide how they want to promote their own rights-protected material - however consumer review sites (like Consumer Reports) can use some rights-protected material under the principle of “fair use.” Fair use, it is important to note, is an AFFIRMATIVE DEFENSE to a claim of infringement. It is a “yes I infringed but it’s okay” defense to a claim of infringement.

You would be smart to have your actual uses personally reviewed by an IP professional in your area for advice specific to your site, and you should contact an insurance agent to inquire about website insurance, in the event you are sued despite your best efforts to avoid a lawsuit.

Good luck.
 
Last edited:

kylegelbero

New member
Hi Bob,

To answer your question in a Lehman language, if you have got permission from the fellow manufacturers or the program partners it will be easier for you to carry on with your videos irrelevant of which state you live in.
 

Zigner

Senior Member, Non-Attorney
Hi Bob,

To answer your question in a Lehman language, if you have got permission from the fellow manufacturers or the program partners it will be easier for you to carry on with your videos irrelevant of which state you live in.
What makes you think that "Lehman" is a language, and what makes you feel the need to parrot the information already given?
 

quincy

Senior Member
Hi Bob,

To answer your question in a Lehman language, if you have got permission from the fellow manufacturers or the program partners it will be easier for you to carry on with your videos irrelevant of which state you live in.
“Lehman language?”

The legally safest way to use any rights-protected material is to get permission from the rights-holder. This permission is generally granted in the form of a limited license, tailored to the specific use of the material.
 
Always, always, always get permission for use of someone else's work. They would most certainly want to be sure of how their work is being portrayed plus, you don't know the agreement they have with the media company that created their original videos, yo may need permission from that outfit too.
 

quincy

Senior Member
Always, always, always get permission for use of someone else's work. They would most certainly want to be sure of how their work is being portrayed plus, you don't know the agreement they have with the media company that created their original videos, yo may need permission from that outfit too.
There are some uses of trademarks and copyright-protected material that is considered a fair use. I agree however that getting written permission (a license) to use the mark or material from the rights-holder will always be the legally safest way to operate.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top