Lakewood, CA asked in Copyright and Trademark for California

Q: Hello My friends and I are making a Star Wars products review video would it be considered under fair use? Thank you

We’re worried that because Disney is so strict with their brand that they’ll take down our videos if their logo is showing anywhere on the screen. This is for YouTube we are only reviewing our personally owned products.

Related Topics:
2 Lawyer Answers
Tania Maria Williams
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Keep in mind that "fair use" is a defense to infringement. And yes, you're correct that Disney is very litigious, but reviews and commentary are protected under the statute.

A: I would add to Ms. Williams' remarks to be careful with how much you use of a work in the course of the review process. The least amount necessary would be the best test to apply. If you use too much, then your defense of "fair use" becomes less plausible. And as she said, it is a "defense" meaning you will be infringing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.