Q: Can I use footage of the Breeders' Cup (broadcasted by NBC Sports) in a YouTube video of my own?
I intend on editing (adding text and additional imagery) the original footage as well. I have seen other YouTube channels get away with using NBC Sports' footage by simply giving them credit.
Copyright generally gives of the owner of the work the exclusive right to copy and display the work. This means the owner is the only one allowed to copy or display … plus other rights. There are exceptions – one being fair use. Review the fair use factors on the copyright.gov website at: https://www.copyright.gov/fair-use/more-info.html .
Example cases are here: https://www.copyright.gov/fair-use/fair-index.html
Fair use is a defense, meaning it can be used if sued. So if the issue of fair use is questionable and the other party sues, fair use can used as a defense, and the court will decide if there was fair use (but usually there is a settlement before a court decision).
This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to review the specific facts to the case.
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.