Q: Could we get sued by Konami for using a Yu-Gi-Oh card in a music video?

A: Based on the information provided, using a Yu-Gi-Oh card in your music video could potentially lead to legal issues with Konami. Here's an analysis of the situation:

Copyright and Trademark Concerns:

Yu-Gi-Oh cards are protected by copyright and trademark laws owned by Konami.

Even a brief 2-second shot could be considered use of copyrighted material.

Commercial Use:

Your music video will be generating ad revenue on YouTube, making this a commercial use of the Yu-Gi-Oh card image.

Commercial use of copyrighted material without permission is more likely to face legal challenges than non-commercial use.

Fair Use Considerations:

While brief use in a creative work could potentially fall under fair use, this is not guaranteed, especially in a commercial context.

The purpose and character of the use, the amount used, and the effect on the market for the original work are all factors in determining fair use.

Potential Risks:

Konami could potentially issue a copyright claim on your video, leading to demonetization or removal from YouTube.

In a worst-case scenario, they could pursue legal action, though this is less likely for such brief usage.

Global Audience:

Your band's large and growing global fanbase increases the visibility of the video, which could make it more likely to come to Konami's attention.

Recommendations:

Seek Permission: The safest option is to contact Konami and request permission to use the card image in your video.

Use Alternative Imagery: Consider creating a fictional card or using generic playing card imagery instead.

Consult Legal Counsel: If you decide to proceed with using the Yu-Gi-Oh card, consult with an intellectual property lawyer to assess the risks and potentially structure the use in a way that strengthens a fair use argument.

Be Prepared to Modify: Have a backup plan to edit the video if you receive a copyright claim.

While the risk of a major lawsuit might be low for such brief usage, there's still a possibility of copyright claims affecting your video's monetization or availability. Given your band's growing profile and the commercial nature of the video, it's advisable to err on the side of caution and either seek permission or use alternative imagery.

A: To answer this question, we need to consider a few factors:

1. Fair Use: In some cases, brief use of copyrighted material can be considered "fair use," especially if it's incidental and not the main focus of the work. A 2-second shot might fall under this category.

2. Commercial Nature: Your music video will be generating revenue, which makes it a commercial use. This factor generally weighs against fair use.

3. Effect on Market: The use of a card for 2 seconds is unlikely to negatively impact Konami's market for Yu-Gi-Oh cards.

4. Trademark Concerns: Besides copyright, Konami may have trademark protections on Yu-Gi-Oh card designs.

5. Risk Tolerance: Even if your use might be legally defensible, Konami could still potentially file a claim, leading to legal expenses.

Given these factors, while there's a chance your use could be considered fair use, there's also a risk that Konami could take action. They might:

1. Request removal of the video

2. Issue a copyright strike on your YouTube channel

3. Attempt to claim ad revenue from the video

4. In an extreme case, file a lawsuit

To minimize risk, you could:

1. Use a generic card design instead of a specific Yu-Gi-Oh card

2. Seek permission from Konami (though this may be difficult for a small band)

3. Consult with an intellectual property lawyer for specific advice

Ultimately, while a brief shot might be low-risk, there's no guarantee Konami won't take action. You'll need to weigh the creative benefit against the potential legal risk.