Am I allowed to cut a 1 second scene from a movie and use it in my 10 minute YouTube video My YouTube video is 10 minutes long. There is a one-second scene in a movie that I want to insert into my video to create a funny effect. Is this copyright infringement?
Maybe. It might fall under &quot;fair use&quot;, which overrides the general requirement to get permission. The way to find out is to do it, get sued, then try to defend your action by using the fair use defense. If they win in the lawsuit, you can't, if you win, you can. There are four &quot;factors&quot; that have to be &quot;balanced&quot;, plus a fifth. The factors are &quot;the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes&quot;, &quot;the amount and substantiality of the portion used in relation to the copyrighted work as a whole&quot;, &quot;the nature of the copyrighted work&quot; and &quot;the effect of the use upon the potential market for or value of the copyrighted work&quot;. The fifth consideration is &quot;transformativeness&quot;. W.r.t. purpose of the use, your use would likely be found to be &quot;fair&quot;, except for the Youtube monetization problem. The &quot;nature of the copyright work&quot; question is primarily about &quot;artistic works&quot; versus &quot;factual works&quot;, so it would depend on what you are taking from. One second might not be substantial, unless that one second is the only reason people pay to watch the copyrighted work. That interacts with the substantiality desideratum: could people get the crucial amusement content of the paid work for free by watching your video? You can read some case law in the links here, and you basically have to get an attorney to analyze your plans to tell you what your risks are.
It probably is infringement, assuming that this is being done by copying parts of a broadcast of the game. It is up to the holder of the copyright on the original broadcast that is being condensed to decide whether to sue or take other action, such as a takedown notice. Perhaps the holder thinks this is good advertising for its business. They have the right to make that decision. Now if a person went to the game, and used a personal camera to film it, and posted excepts of that recording, the legal issues would be very different. The ticket probably includes a provision prohibiting filming and photography, so this would be a breech of contract. But it would not be copyright infringement. (In practice if this were spotted, the person would be required to stop recording or leave, at least.)
Expression is tied up with fixation. Copyright subsists in a work that is fixed in a tangible medium of expression from which they can be reproduced, perceived, or communicated. 17 USC 102 This expression is protected, not the idea. However, copyright infringement can occur even when there is not an exact copy. First, courts use a substantial similarity standard to determine if infringement has occurred. Second, when a character or plot is sufficiently developed, taking that character or that plot can be infringement, even if not expressed in the exact same manner. "We do not doubt that two plays may correspond in plot closely enough for infringement [...] the less developed the characters, the less they can be copyrighted; that is the penalty an author must bear for marking them too indistinctly." Nichols v. Universal Pictures Corporation, 45 F.2d 119 (2d Cir. 1930) Some characters or plot elements are so common to a genre that they are either not considered "original" enough to get copyright protection, or can be taken by others without being considered infringement. This is the scènes à faire doctrine. "Stock scenes and hackneyed character types that "naturally flow from a common theme"—are considered "ideas," and therefore are not copyrightable. But as plots become more intricately detailed and characters become more idiosyncratic, they at some point cross the line into "expression" and are protected by copyright." Suntrust Bank v. Houghton Mifflin Co., 268 F. 3d 1257 - Court of Appeals, 11th Circuit 2001 See Amanda Schreyer's An Overview of Legal Protection for Fictional Characters: Balancing Public and Private Interests for many more cases and examples of the idea-expression dichotomy in action with respect to fictional characters.
Not only can’t you trademark it, you can’t use it The original logo is covered by copyright which belongs, prima facie, to the original artist. It doesn’t matter that they are based in Russia; Russia and the US are both signatories to the Berne Convention which means they protect each other’s copyright. That means you can only use it if it is fair use (it isn’t) or if you have the copyright owner’s permission (you don’t). Could I still use the logo I bought and trademark it in the US granted that the seller had made some revisions to the stock photo he found? Not if the seller didn’t have permission to make those changes. Creation of a derivative work is one of the exclusive rights copyright gives. The seller had changed up some parts of the stock image, this includes color scheme, orientation, and made the picture look a little low poly. See above. The original artist of the stock photo is based in Russia and as far as I can see there is no registered copyright on it and don't think they could apply for US copyright anyway. They already have copyright. They would need to register it in the US before they could sue but there is no impediment to them doing so. While I'm not sure where the seller (located in Pakistan) officially downloaded the logo, I had nothing to do with the final design of it or downloaded anything from a stock photo website myself, so I'm not sure if I'd be bounded by any terms of the stock photo website Makes no difference. Just because you didn’t steal the car, that doesn’t make it ok for you to drive it. The stock image is very niche and a bit random. Across all the websites the artist has published it on, it has about 5 or 6 downloads altogether. Not relevant at all. As far the copyright of the seller's work goes, the Fiverr terms state that buyers have all the copyright, though I don't know if this is nullified by the use of the stock image. You can’t sell something you don’t own. If the seller had no right to upload the photo (as it seems they didn’t), the terms of the website don’t matter. The true owner never agreed to those terms and isn’t bound by them.
License to use does not mean license to create derivative works These are different rights under copyright. If you want to make a derivative work, which your animations are, you must have a license to do so.
It does mean that you cannot reuse any parts of the source code, even small simple ones. You would have to rebuild the code from scratch. There is a significant chance that the code would be "substantially similar" to the code that you were hired to build, also that if anybody else were to write a bubble sort or 24-to-am/pm conversion routine, it would look the same, where even variable names (which should describe function) are the same or very similar. In case of an infringement lawsuit, you would have to defend yourself by showing that there are only a few ways to code a given function. Copyright protects only the "expression", not the abstract idea. A linked list is an idea, which can't be protected by copyright; same with recursion, pointers, stacks, object-oriented programming... Anything that involves copy and paste is infringement. If you re-read the copyrighted code and then try to reconstruct it, you probably crossed the infringement line. If you remember the problems and solutions and accidentally write somewhat similar code, that is probably on the safe side. From the perspective of the programmer not wanting to always reinvent the wheel, it would be most useful to make a distinction in the contract between "the essentials of the customer's program" versus "incidental utility work". The difficulty will arise in saying specifically what is essential vs. incidental. For instance, I know that if I were to hire you to develop a speech-recognition system, low-level audio-acquisition and encoding would not be essential to my purpose, whereas DSP parsing routines would be the center of my interest. The programmer would then want to retain recycling rights to all non-essential code.
It is still making a copy, and thus an infringement of copyright unless an exception, such as fair use or fair dealing, applies. But if in fact it is never distributed, the copyright owner will never hear of it, and thus will never sue. Remember that copyright infringement is, in all but a few extreme cases, a tort and not a crime. The basic law for the united-states is 17 USC 106. This grants to the copyright owner ... the exclusive rights to do and to authorize any of the following: to reproduce the copyrighted work in copies or phonorecords; subject to various limitations, particularly those in 17 USC 107 where [tag:fair_use] is defined, as much as it is in statute. However, in 37 CFR § 201.40 an exemption to the anti-circumvention provision has been declared by the Librarian of Congress has determined, pursuant to 17 U.S.C. 1201(a)(1)(C) and (D), that noninfringing uses by persons who are users of [certain] works are, or are likely to be, adversely affected. This includes Motion pictures (including television shows and videos), as defined in 17 U.S.C. 101, where the motion picture is lawfully made and acquired on a DVD protected by the Content Scramble System, on a Blu-ray disc protected by the Advanced Access Content System, or via a digital transmission protected by a technological measure, and the person engaging in circumvention under paragraphs (b)(1)(i) and (b)(1)(ii)(A) and (B) of this section reasonably believes that non-circumventing alternatives are unable to produce the required level of high-quality content, or the circumvention is undertaken using screen-capture technology that appears to be offered to the public as enabling the reproduction of motion pictures after content has been lawfully acquired and decrypted, where circumvention is undertaken solely in order to make use of short portions of the motion pictures It is not so clear that it includews entire films for personal use.
If I did punch him , would that be okay? No, that would be Assault and Battery. If you did him serious injury you could face a charge of Grievous Bodily Harm. If you killed him, that would be murder. If you are in the UK, Canada or Australia and you were charged with murder you could claim provocation in an attempt to have the charge reduced to Voluntary Manslaughter. If you were in the US you could attempt to argue "extreme emotional or mental distress" if you are in a state that has adopted the Model Penal Code for any of the charges; if successful your sentence would be reduced. I saw people punch one another over this in movies. And I saw aliens invading the Earth in the movies - what happens in the movies if not necessarily true. Kissing my wife is adultery right? No, extramarital sex is adultery. Notwithstanding, adultery is not illegal in common-law countries. I'm pissed and don't know what to do? I sympathise with you but this is not a legal question. Whatever is going on between you, your wife and your neighbour is a social situation; not a legal one.