ASK & DISCUSS INDEX

8 years, 8 months ago - Marlom Tander

It's their footage. You're making a fiction. Their lack of response is your answer, and that would be a NO.

Your solution in this case is to film your own prank video and use that.

If you were making a docu along the lines of "High profile pranksters result in hundreds copycat deaths/injuries each year and YT should ban this stuff" then the rules are different :-)

8 years, 8 months ago - Bhavi Satkunarasa

Hi Marlom,

They have responded...I managed to get direct permission from the owner in the end so I'm good to go :)

Thanks for your contribution!

8 years, 8 months ago - Dan Selakovich

Bhavi, I would make sure that they own the video to begin with. There are a lot of youtube channels that compile these clips, illegally, to monetize them. Also, can you show youtube and the youtube logo? I have no idea.

8 years, 7 months ago - Chris Chandler

You would need permission from YouTube to show their logo - if that is your intention. Make sure that you have your permission in writing - preferably either an old-fashioned letter or pdf document with a signature. A verbal assurance is no good to you (hard to prove you have received it should there be future difficulties). An email is in theory fine but I would always recommend getting something hard to fake and with a signature and postal address/other contact details.

8 years, 7 months ago - John Lubran

This does all presuppose that there are restrictive rights that are entrenched in law; there aren't. What does exist is the fear of litigation but the essential issue is a right being improperly abused or exploited? Now that is a calculation requiring depth of understanding. It's easier to lawfully exploit logos and other properties and entities without a ' by your leave' within a factual production but it's also possible within a fictional film too. Unfortunately there's not many lawyers available to defend that right.

A similar issue arises with any other patented property such as manufactured products. An important concideration must be the terms and conditions presented to a consumer at the original point of sale. We're there any specific conditions in the transfer of ownership restricting the use of a product. The most common answer to that is no. In which case the issue for any possible litigation is to do with misrepresentation, consequential harm or damage or false claims a serving that a property is not what it actually is. However one must beware other laws in some of the more absurd jurisdictions.