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?
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.
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.
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