screen capture and copyright infringement

[tashan]

Hello there,

I wanted to have a few clarifications on copyright and screen capture reviews. i've tried to read on the subject myself but i'm not educated enough, and i need a more straight forward reply.

Here's my situation : i do TV shows and movies reviews online, where i use screen captures off a TV show episode and put captions/annotations on the screencaptures and it ends up being a fun parody of the said show or movie. I used to do this for free to entertain my friends but i've had an overwhelming positive reaction to it and i thought about possibly shifting and developing my content from a private circle to a public blog and eventually monetize the traffic.

So here's my question : if i monetize the blog (through ads or a patreon system), is it copyright infringement? I've read that reviewing material is part of fair use but that it might not be tolerated if it generates revenues.

My thoughts so far are that i can't monetize the captioned screenshots (as in selling prints or digital copies), BUT i should be allowed to monetize the traffic.

Also, i have to precise that i currently live in europe (france to be exact) but i can't find enough information about blogging (it's not popular in my country) and/or copyright. I plan to blog in english to have a broader audience.

I hope this does not appear to be a silly question, i'm unemployed at the moment and being able to monetize this hobby would be an amazing thing for me. I'd be more than happy to bring any other information needed so that i can have a detailed answer on this matter.

 

[quincy]

Hello there,

I wanted to have a few clarifications on copyright and screen capture reviews. i've tried to read on the subject myself but i'm not educated enough, and i need a more straight forward reply.

Here's my situation : i do TV shows and movies reviews online, where i use screen captures off a TV show episode and put captions/annotations on the screencaptures and it ends up being a fun parody of the said show or movie. I used to do this for free to entertain my friends but i've had an overwhelming positive reaction to it and i thought about possibly shifting and developing my content from a private circle to a public blog and eventually monetize the traffic.

So here's my question : if i monetize the blog (through ads or a patreon system), is it copyright infringement? I've read that reviewing material is part of fair use but that it might not be tolerated if it generates revenues.

My thoughts so far are that i can't monetize the captioned screenshots (as in selling prints or digital copies), BUT i should be allowed to monetize the traffic.

Also, i have to precise that i currently live in europe (france to be exact) but i can't find enough information about blogging (it's not popular in my country) and/or copyright. I plan to blog in english to have a broader audience.

I hope this does not appear to be a silly question, i'm unemployed at the moment and being able to monetize this hobby would be an amazing thing for me. I'd be more than happy to bring any other information needed so that i can have a detailed answer on this matter.

Your blog would need to be personally reviewed by an IP attorney in France to determine if your use of screenshots would be a violation of anyone's copyrights under France's copyright laws.

In the US, and as a general rule, the use of copyrighted material for purposes of commentary or criticism or news reporting or scholarship or research or for educational reasons or for parody often fall under the US doctrine of "fair use" (when the work is properly attributed). Because fair use is not permission to use copyrighted work but rather a defense to a claim of copyright infringement, a court would ultimately decide if the use by an individual of another's copyrighted material was a fair use or not, this when the holder of the copyright takes exception to the unauthorized use and sues.

A court in the US looks at four major factors when determining fair use (and there is a lot to consider with each factor and other factors are considered). A court looks at the purpose and the character of the use (e.g., educational or commercial, transformative or derivative); a court looks at the nature of the copyrighted work (e.g., nonfiction or fiction; informative or entertaining); a court looks at the amount and substantiality that is used (e.g., quantity and quality of portion used); and a court looks at the effect of the use on the market for or the value of the copyrighted work (e.g., undermining market sales, diluting value).

It appears from what you have said that the screen captures could potentially be a fair use of the copyrighted material. It appears you will not be directly profiting off the copyrighted material by advertising on your site (as long as you do not use the copyrighted material to promote your site).

But there can be an additional legal worry with the use of trademarks on your site so trademark laws must also be considered.

Because there will always be a risk when using another's rights-protected material, it is always smartest to obtain permission to use the material from the rights holder. Second smartest is having an IP attorney review your proposed uses of the material and give you an assessment of your risk should you publish without permission. I recommend you seek out assistance in France. Copyright laws are similar throughout much of the world (as are trademark laws), but there are enough significant differences that what holds true for the US may not hold true for you in France (and France is where you will be sued, under France's laws, should your uses infringe).

Here for a good look at fair use and thumbnails (provided for its discussion of fair use) are links to the years-long case between Perfect 10 and Google, Inc., et al:

http://cyber.law.harvard.edu/people/tfisher/IP/2007 Perfect 10 Abridged.pdf

http://cdn.ca9.uscourts.gov/datastore/opinions/2011/08/03/10-56316.pdf

http://fairuse.stanford.edu/primary_materials/cases/perfect10google.pdf

Good luck with your blog.

 

[tashan]

Thank you for this reply, it helped a lot.

I have a clearer idea of what i should do. I will launch my blog as i do believe my use of copyrighted content falls under the umbrella of fair use. When and if it happens to generate both traffic and revenues, i will look seek advice and guidance from a local IP attorney.

Thank you again.

 

[quincy]

Thank you for this reply, it helped a lot.

I have a clearer idea of what i should do. I will launch my blog as i do believe my use of copyrighted content falls under the umbrella of fair use. When and if it happens to generate both traffic and revenues, i will look seek advice and guidance from a local IP attorney.

Thank you again.

You're welcome, tashan, and thank you for the thanks.

I want to remind you, though, that what I provided in the way of information applies to US copyright laws and not necessarily to the laws of France - this although the Paris Court of Appeals came to a similar decision on thumbnails in the case heard in France between Google and SAIF that mimicked Perfect 10 v. Google.

But you are not Google (I assume ), and Google had the means to fight for their right to use thumbnails (i.e, a LOT of money and legal resources) - and, again, thumbnails are not screen captures. So there are some big differences here, not only the difference in the laws between France and the US.

I still recommend you stay legally safe by having all reviewed by a professional in your area PRIOR to publication of your screenshots. Good luck with your blog.