General

Topic   Fair Use

theJaw
GameTZ Subscriber Triple Gold Good Trader
26-Feb-2018(#1)
Does anyone happen to know how legal it is, under fair use, to use like 20-30 seconds of audio from movie trailers as a segment bumper for a podcast?

I know there are tons of unaffiliated YouTube channels that straight up use clips from the trailers during their movie reviews, so I'm wondering if the same practice done in audio form was still considered fair use. Need to know if I should just use my own music for the bumpers. I'd rather not, because since the podcast is a movie review podcast, I kind of wanted to use some audio related to the movie.

Anyone with any ideas? Thanks!
Dashey
GameTZ Subscriber 400 Trade Quintuple Gold Good Trader Gold Global Trader (7) Has Written 1 Review Secret Santa
26-Feb-2018(#2)
@DefaultGen might know

DefaultGen
GameTZ Gold Subscriber Quadruple Gold Good Trader Gold Global Trader (7) Has Written 5 Reviews
* 26-Feb-2018(#3)
Dashey wrote:
> @DefaultGen might know
>

If it's a podcast reviewing the movie, then using a short clip of the movie would qualify as fair use since you're doing a critique on it.

My tiny, unmonetized podcast just copyright infringes old game soundtracks for bumpers, so don't look to us for legal advice.

theJaw
GameTZ Subscriber Triple Gold Good Trader
26-Feb-2018(#4)
Haha, word thanks. I have heard that as long as it's under 60 seconds(ish) that you should be fine. So here's hoping! haha
John
GameTZ Gold Subscriber GameTZ Full Moderator 400 Trade Quintuple Gold Good Trader Gold Global Trader (13) Secret Santa
27-Feb-2018(#5)
There is the idea that you can use it for promo under a certain time period (which politicians did a lot of), but I believe that to be incorrect.

What DefaultGen really matters: If you are using it when reviewing the movie, then that is different then using it as a bumper for your podcast that isn't about that movie.

The difference between use "for review" and "for promotion" is huge.
theJaw
GameTZ Subscriber Triple Gold Good Trader
* 27-Feb-2018(#6)
John wrote:
> There is the idea that you can use it for promo under a certain time period (which
> politicians did a lot of), but I believe that to be incorrect.
>
> What DefaultGen really matters: If you are using it when reviewing the movie,
> then that is different then using it as a bumper for your podcast that isn't about
> that movie.
>
> The difference between use "for review" and "for promotion" is huge.
>

Thanks for the input. We're a review cast, so I think we'll be good. I'm only gonna use the copyrighted material as it pertains to the review per episode.

PS if anyone wants to hear our Black Panther episode, it's a little rough but I could use some feedback!
Ranchan
GameTZ Subscriber Double Gold Good Trader Has Written 9 Reviews
1-Mar-2018(#7)
I agree with John. Fair use goes to the question of intent--what do you intend to use the copyrighted material for? As long as the material is used for critique or a review, that's considered fair use. The length of the material being used is irrelevant; it's like an urban legend and misleading, imo.

Replaying the footage for a review cast is fine.
BucketofJustice
GameTZ Subscriber 350 Trade Quintuple Gold Good Trader Has Written 6 Reviews
5-Mar-2018(#8)
It also depends on if you're selling the material, in this case your podcast. If you're just putting out your podcast for free on iTunes for example, it's different than selling it on a website through a membership and that's different than selling the podcast by itself. I don't know every law about those but I knew they're all different.
John
GameTZ Gold Subscriber GameTZ Full Moderator 400 Trade Quintuple Gold Good Trader Gold Global Trader (13) Secret Santa
5-Mar-2018(#9)
Actually, that is a common misconception -- but, in general, it does not matter if you're selling it or not. The same laws apply. People commonly seem to think "if I'm not profiting from it, then copyright laws don't apply" and that is simply incorrect.

- John...
theJaw
GameTZ Subscriber Triple Gold Good Trader
5-Mar-2018(#10)
John wrote:
> Actually, that is a common misconception -- but, in general, it does not matter if
> you're selling it or not. The same laws apply. People commonly seem to think "if
> I'm not profiting from it, then copyright laws don't apply" and that is simply incorrect.
>
> - John...
>

So in that case, would I be free to monetize it eventually if I stay under a certain amount of time?
John
GameTZ Gold Subscriber GameTZ Full Moderator 400 Trade Quintuple Gold Good Trader Gold Global Trader (13) Secret Santa
6-Mar-2018(#11)
theJaw wrote:
> So in that case, would I be free to monetize it eventually if I stay under a certain
> amount of time?

Again, it depends on how you are using it and it doesn't have anything to do with how long it is really.

If you are doing a review of a movie and you use clips of that movie as part of the review, then you should be fine -- even if you get paid for the review.

If you are using it to promote your show, then that isn't as clear. If you are using the theme music as your intro, for example, I'm not convinced that falls under Fair Use -- even if you review the movie inside. It MIGHT be -- I really don't know. My GUESS is that it doesn't fall under Fair Use to use it as your intro music unless maybe you went immediately into the review. Again, it comes down to "review of something" versus "using something to promote your own stuff."

- John...

Topic   Fair Use