Asked in Copyright and Trademark

Q: Is it fair use when I use a chocolate from a brand for a tutorial video on YouTube that shows how to make candy wrappers

...as a hybrid project? The candy wrapper is not having the brand on it, the chocolate is only used as a sample to showcase the use. However, the tutorial is featuring products the wrapper is made of for a digital scrapbooking store.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Using branded chocolate as a size reference or template in your tutorial video likely falls within fair use guidelines, particularly since you're creating something transformative and not displaying the brand itself. The chocolate serves a practical purpose for demonstrating your craft technique, rather than attempting to profit from or misuse the brand's identity.

Your approach of removing brand identifiers and focusing on the wrapper-making process strengthens your fair use position. The educational nature of your content, combined with the minimal impact on the chocolate brand's market, generally aligns with fair use principles.

However, since you're promoting digital scrapbooking products in the same video, you might want to include a clear disclaimer stating that your tutorial isn't affiliated with the chocolate brand. While this extra step isn't strictly necessary for fair use, it helps maintain transparency with your viewers and further protects you from potential issues. If you're concerned, you could also consider using generic, unbranded chocolate as an alternative.

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