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Course Content Creation - Legal or Not?

by VictorMansoor
23 replies
Is it legal to use things like games or animations, as examples, when creating content that will be monetized?

Lets say I want to describe an animation, like dragon ball, and illustrate certain things that will be constructed into content. Could I use that anime in my content without facing legal ramifications?

Or..who do I contact to see if its legal or not if I"m making any sense??
#content #creation #legal
  • Profile picture of the author travlinguy
    Whether what you want to do is legal or not, I don't know and this isn't the place to ask that question. If you want to use an image you don't own contact the owner. I think most companies will at least listen to a proposal that will give them more exposure.
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    • Profile picture of the author VictorMansoor
      Originally Posted by travlinguy View Post

      Whether what you want to do is legal or not, I don't know and this isn't the place to ask that question. If you want to use an image you don't own contact the owner. I think most companies will at least listen to a proposal that will give them more exposure.
      I am not using an image in a sense of taking of ownership but more so as an illustration. This is the place to ask such question because it is in the realm of IM!! If anyone is creating a content based site that they will drip, or offer courses more so that they will drip, and they needed to do illustrations on bad brands vs good brands. Would they essentially have to get permission to illustrate their points of interest from those company brands that are involved is all I'm asking???????

      All course content creation isn't organic is it???
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      • Profile picture of the author travlinguy
        Originally Posted by VictorMansoor View Post

        I am not using an image in a sense of taking of ownership but more so as an illustration.
        You're using an image. Period.

        EDIT: If you put offensive stuff into your project, stuff the image holder doesn't want associated with their brand, they'll whack you with a lawsuit faster than you can remove the image and say it never happened.
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  • Profile picture of the author Eutaw
    You want to demonstrate the pros & cons of branding? You will be narrating or using these images as "examples" in your content. As long as you make it clear the images used are for education/content you will be ok. A disclaimer on the course would be helpful too.
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    • Profile picture of the author VictorMansoor
      Originally Posted by Eutaw View Post

      You want to demonstrate the pros & cons of branding? You will be narrating or using these images as "examples" in your content. As long as you make it clear the images used are for education/content you will be ok. A disclaimer on the course would be helpful too.

      Thank you so much!!!!!!!! A disclaimer.. I will definitely get to work on that. The content wull be for educating a certain niche indeed.

      Thank you so much..i think this answered my question in just a few words..
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    • Profile picture of the author joaquin112
      Originally Posted by Eutaw View Post

      You want to demonstrate the pros & cons of branding? You will be narrating or using these images as "examples" in your content. As long as you make it clear the images used are for education/content you will be ok. A disclaimer on the course would be helpful too.
      Laws vary from country to country and even from state to state. I think this is a gray area and if you want to avoid problems you should contact someone who knows about the law in YOUR location.

      Best of luck,
      Joaquin
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      • Profile picture of the author VictorMansoor
        Originally Posted by joaquin112 View Post

        Laws vary from country to country and even from state to state. I think this is a gray area and if you want to avoid problems you should contact someone who knows about the law in YOUR location.

        Best of luck,
        Joaquin

        Joaquin I hear you..love your name by the way...

        Indeed you have a good point.
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    • Profile picture of the author MissTerraK
      Originally Posted by Eutaw View Post

      You want to demonstrate the pros & cons of branding? You will be narrating or using these images as "examples" in your content. As long as you make it clear the images used are for education/content you will be ok. A disclaimer on the course would be helpful too.
      I'm quite confidant that copyrighted images used with a mere "disclaimer" that they're only being used for educational purposes won't cut it in a court of law. That's the equivalent of saying it is okay to take someone's vehicle without permission and use it in driver's training courses as the vehicle is being used for educational purposes. A disclaimer in the course description isn't going to mean squat, legally.

      Originally Posted by VictorMansoor View Post

      Thank you so much!!!!!!!! A disclaimer.. I will definitely get to work on that. The content wull be for educating a certain niche indeed.

      Thank you so much..i think this answered my question in just a few words..
      I can see that you are excited and I really hate to burst your bubble, but I can't believe that you are going to take the advice/opinion of a random warrior and run with it.

      If a lawsuit ensues or if a fine is given, saying that Eutaw told you it was okay as long as you had a disclaimer isn't a winning defense. Eutaw won't be held responsible for doing time or paying for the crime...you will.

      Please think long and hard before doing such a thing and take Travlinguy and others good advice. Seek out the law in your state/country before acting. Legal advice from a qualified source is much more reliable than advice given on any forum, Warrior Forum, or otherwise.

      Terra
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  • Profile picture of the author Lloyd Buchinski
    If you don't own an image you can't use it at all without the permission of the owner. It doesn't matter if it is to help baby seals. Education is also not a permissible reason. That would mean that any company producing text books for schools could use any images they want.
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  • Profile picture of the author Woodward82
    MissTerraK is correct, laws vary. Where are you from ? I do know that certain copyrights are allowed in the 'states' for certain mediums as long as the 'length' is within the certain restrictions (this doesnt include pictures). But Trademarks are very different so you are looking into both of these matters.

    Contact a lawyer (if you cant afford one) contact the owner of the pictures ect you are talking about using. If they dont respond just re-position your idea/product/course with something similar. If you want to use anime find someone a freelancer to make you something unique.
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    • Profile picture of the author Tina Golden
      Originally Posted by Lloyd Buchinski View Post

      If you don't own an image you can't use it at all without the permission of the owner. It doesn't matter if it is to help baby seals. Education is also not a permissible reason. That would mean that any company producing text books for schools could use any images they want.
      You're wrong, Lloyd. In the situation being described, this would more than likely be considered fair use. There is no guarantee and copyright law isn't as black and white as we would like, but it's pretty clear that you are allowed to use images without permission, for specific purposes and education is one of the allowed uses.
      Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
      1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
      2. The nature of the copyrighted work
      3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
      4. The effect of the use upon the potential market for, or value of, the copyrighted work
      U.S. Copyright Office - Fair Use
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      • Profile picture of the author Luis Vaugier
        I think same as Tina, it can be considered as fair use
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        • Profile picture of the author MissTerraK
          Originally Posted by Luis Vaugier View Post

          I think same as Tina, it can be considered as fair use
          Please note the bolded words below:

          Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
          The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
          If it were me, I would still seek legal advice or direct contact with the owner of the games and animations before I used them, especially since the OP has stated that the content he wishes to create with them will be monetized or in other words, not nonprofit.

          I'd rather be safe than sorry, I just don't like to gamble.

          Terra
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      • Profile picture of the author Woodward82
        Originally Posted by Tina Golden View Post

        You're wrong, Lloyd. In the situation being described, this would more than likely be considered fair use. There is no guarantee and copyright law isn't as black and white as we would like, but it's pretty clear that you are allowed to use images without permission, for specific purposes and education is one of the allowed uses.
        Education, and selling a course for 'profit' teachings is not what I would think falls under this.

        At any cost, always give credit. Even Fox News credits Getty Images all the time. Which does likely fall under the fair act.

        I personally wouldn't go this route, and unless your teaching about the actual pictures I would say that is definitely a no no. But I am not a lawyer and could be wrong.
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      • Profile picture of the author VictorMansoor
        Originally Posted by Tina Golden View Post

        You're wrong, Lloyd. In the situation being described, this would more than likely be considered fair use. There is no guarantee and copyright law isn't as black and white as we would like, but it's pretty clear that you are allowed to use images without permission, for specific purposes and education is one of the allowed uses.

        THis response is honestly amazing..I wonder if this includes all digitial works as well. Again I apologize for leading you guys on in saying its a static image when in actuality its far from it.. I'm going into teaching about being better gamers.. a specific niche...not just utilizing 1 static image..

        Thanks
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        • Profile picture of the author Tina Golden
          In your case, if I'm understanding the idea correctly, you should take your own images from the game you purchased. You are allowed to take screenshots within the game to illustrate your guide or advice.
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          • Profile picture of the author VictorMansoor
            Originally Posted by Tina Golden View Post

            In your case, if I'm understanding the idea correctly, you should take your own images from the game you purchased. You are allowed to take screenshots within the game to illustrate your guide or advice.
            Wonderful Ms. Tina indeed you are close. I will be recording videos of certain games, that I have purchased, and giving verbal guides and advice more so narrations that teach, that will be laced on top of the game in a sense. Verbal walk-through's and do's and dont's and such.

            Would you consider this part of their fair-act as well?

            Thank you so much for giving undoubtedly intelligent and extremely educated answer!!!
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            • Profile picture of the author Benny L
              The bottom line is, people with money can sue you for any reason, in fact, in some cases, they are required to do so in order to protect their trademark/brand/etc. For example, Monster cables sued Monster.com, even though Monster.com was actually around first (if I'm not mistaken). And they are in totally different industries (If you don't know, Monster cables makes grossly overpriced cables for connecting things like audio gear, home entertainment systems, etc. They take wires and connectors that would cost you or me $8 and put them together and charge $30+ because of the brand name). The thing is, if a name is allowed to be used by others, it may no longer be protected... Things like "Hand me a kleenex", Can you make me a xerox?", and I'm sure there are other better examples, but they're escaping me right now. So part of demonstrating that you are still using the intellectual property is the fact that you are actively defending it. If you don't use it, it can stop being yours. Courts look for that. So, whether or not your use is "fair use", you are still opening yourself up to a lawsuit regardless... because companies need to demonstrate, for future cases, that they are actively engaged in defending their IP. They need to sue you, the little fish, to prove they are fighting infringers. And can you really afford stepping into that game?

              However, with that said, if I genuinely felt that my use of something fell under "fair use", I would probably use it anyway. You may get a C&D letter in the mail someday for it. And you would be expected to respond or else face a lawsuit, but typically, if you're small time, the matter can be resolved quickly and easily, but that doesn't necessarily mean cheaply.

              I did go to law school and passed the bar, though I avoided studying IP as much as possible. Personally, I wouldn't chance using another company's image or logo under any circumstances unless I was trying to demonstrate/teach something and there was no other way to do it. For example, if I were explaining the similarities between restaurant logos, to show what makes a great one, then I wouldn't hesitate to use my own images of their logos (i.e., photographing the logos myself, not lifting their logos directly from their website) for that purpose. And since it's my own image, and it's not being used for anything related to them, and I'm not associating myself with their product, the odds of anybody caring would be pretty slim. I would also use their logo/content/images in cases where I was reviewing or acknowledging their existence in the marketplace, in such a way that it lends to their value or stature. I could get into how/why people can get away with negative reviews of such products/offerings using logos, but that would get rather complex.

              The thing to remember here though, is that it's not McDonalds that is going to sue you. They don't have time for that. What they do is hire a law firm who makes it its business to go around, looking for people using the logos in a possibly wrongful manner, and that law firm sends letters, threatens law suits, may even FILE a lawsuit with nothing but a brief nod from some corporate lawyer's secretary. Then later, they send McDonalds the bill and say, "By the way, you're paying for this, as per our discussion..." So then, when it comes time to make a deal, when it comes time to be logical and rational about the matter, how inclined is that law firm to make an easy deal with you? Not likely at all. After all, they're getting paid money to sue you... why would they want to come to an agreement that causes them to stop suing you... and stop making money? Suing you is a revenue stream for them!!

              That's why a lot of these "trampling the little guy" stories wind up going to the press before they end. Because it's only once the company starts getting bad PR over it, that they rein in the attorneys and tell them to stop. Actually, Monster is a good example of that. Google the story. As I recall, they went after some mom and pops pretty heavily, and even put a few out of business, in defense of their trademark.

              I'm sleepy here. Sorry for the run on sentences. Hope it helped clarify things for you a little, or at least gave you some food for thought.
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  • Profile picture of the author Woodward82
    Are you saying that you personally are going to draw the image?
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  • Profile picture of the author Bayo
    If in doubt you're best advised to contact a legal professional for the truth. It may involve some money but that's going to be nothing in comparison to what it could cost you if you unfortunately find yourself in legal trouble.
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    • Profile picture of the author VictorMansoor
      Thank you guys so much for your comments indeed. It's not images at all actually. It's just mere youtubers commenting on games that they purchased to be more precise.

      I am going to at least do some fair diligence in contacting a few legal counsels.

      Also..when I say educate, my content will truly be to educate the consumer of such purchased games. That's why a full disclaimer seems to be OK in my case. Sorry for not being totally up front about what I"m doing. Indeed, the consumer purchases a game, I give lessons/content that I sell on the game in which I purchased it as well. Not to mention, I will give full disclaimer that I am not the owner of the game.

      Indeed, guys, thank you all so much for your invaluable input as I am still listening.

      Thanks again!!
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  • Profile picture of the author TheInfoMarket
    It really comes down to exactly how you use and present the content.

    If you're going to be using Youtube, this link should help answer some of your questions:

    Video game and software content - YouTube Help

    Also you should do some research about the particular publisher of the games you will be using. Some companies are stricter about what they will and won't allow.
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  • Profile picture of the author Zend
    writing an article based on certain character or copyrighted content is okay, but as long as you don't use it to sell something. I assume you want to write a review about an episode or film, and you want to monetize this article by post it in your money making blog / site. I think it is okay, no need to worry about that. people do that all the time in their blog, reviewing an awesome episode or drawing a fan-art in their blog.
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