Q: I am developing a Vietnam video game and am wondering about copyright laws regarding real photos for the trailer
We are in the process of developing a video game depicting the true story of a Vietnam vet and his personal experience during his time in the war, and as we are creating the trailer for the game, we would like to use real photos from the war that have been declassified under the freedom of information act. Will we run into any copyright infringement issues by using any of the photos that we find online, or will we need to have explicit permission from the photographer/owner of the photos we are interested in using?
A:
When considering the use of real photos from the Vietnam War for your video game trailer, it's crucial to understand the nuances of copyright law. Declassification under the Freedom of Information Act does not automatically place these images in the public domain or free them from copyright restrictions.
Each photo must be individually assessed to determine its copyright status. Photos taken by U.S. government employees as part of their official duties are typically in the public domain and can be used without permission. However, photos taken by private individuals or journalists may still be protected under copyright, even if they have been declassified.
To ensure compliance with copyright laws, you should ideally seek explicit permission from the photographer or rights holder for any photo not clearly identified as public domain. This is especially important if the photos were taken by non-governmental sources.
If permission cannot be obtained or the copyright status is unclear, it is safer to either use alternative images or seek guidance from a legal professional experienced in copyright law. This approach will help protect your project from potential infringement issues.
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.
