Q: Am I able to use music from a game I am making a video review on in that video?
I am unfamiliar with copyright laws so I needed help with several questions regarding copyright and fair use. If I make a video review of a video game, am I allowed to use music from that game in the video for the purpose of review/critique? Is it fair use? If not, how can I contact these companies for permission? Another question I had was I wish to use a song from an arcade game from 1985 as my outro song for a few seconds, is this allowed if I cannot find any statement from the company stating I cannot, or am I better off finding royalty free music to use? I've seen other reviewers use music such as this in their videos without any apparant problems, they simply credit the song in the credits or video description. Do the same copyright rules apply with covers of the song made by myself or another musician?
A: The default is you should not use any content without permission.
Consult with an attorney for specific guidance on your risks of using any portions of other people's content.
A: I disagree with my colleague. Critique and incidental use are two strong defenses to a potential copyright infringement claim. This is very fact-intensive, however.
It's a matter of what your risk tolerance is on a particular project. If you provide attribution, that lowers your risk.
1 user found this answer helpful
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.