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.

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2 Lawyer Answers
Tania Maria Williams
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Answered
  • Trademarks Lawyer
  • West Palm Beach, FL
  • Licensed in California

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.

Barbara Berschler
Barbara Berschler
Answered
  • Trademarks Lawyer
  • Rockville, MD

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.

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