So I have a school assignment to make an advertisement video. I did a Wacom tablet advertisement.

Can I post it online for a portfolio and sharing, or might it be a copyright infringement?

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    Can you give us more corner points for this hypothetical thing? Like: what is the content of the video (it might be satire), what is the context of making it (it might be exempt in making for being research or teaching), where are you based (US or EU is a huge change), do you use the trademarks of Wacom? Do you want to just show it to your teacher/class or publish it online? – Trish Nov 7 '18 at 8:52
  • it's a commercial ad video, i made it for an assignment at school, but i want to post it online as a portfolio... i live in Indonesia, and i don't really understand about trademarks...@Trish – aria pramesvara Nov 7 '18 at 9:33
  • ehhh, commercial means usually "You get money (or benefits) for it" - a school or university class project is by its nature non-commercial unless you get money. – Trish Nov 7 '18 at 9:37
  • oh yeah... it's not then... i don't understand this kind of thing... so will it be a copyright infringement? @Trish – aria pramesvara Nov 7 '18 at 9:42

Keep in mind, I am a layman, not a lawyer. So IANAL applies.

Is it fair-use? Did you infringe copyright?

Fair use only exists if all the four factors are given for it:

  • The Transformative Factor
  • The Nature of the Copyrighted Work
  • The Amount and Substantiality of the Portion Taken
  • The Effect of the Use Upon the Potential Market

Let's analyze what we know:

  • It is an original work about a non-art item. This weighs in favor of OP.
  • It is Advertisement, so the information grabbed from other advertisement is allowable, in favor of OP. If no part of existing advertisement was recreated or strongly imitated.
  • no material was taken from the original crators, so in favor of OP.
  • Market effect is benefitial to Wacom, so in favor of OP...

On the Other hand: TRADEMARK

You might be liable for Trademark violation. Trademark is to identify the source of goods. It also has factors... but they are hard to analyze for an unauthorized advertisement as you strictly speaking use their mark to benefit their mark, but without allowance.

In the strict way, you violate their trademark, but is Wacom likely to act?

If your advertisement is not misleading (which would be punishable as you try to destroy the market) it is unlikely Wacom will act. You can also try to make clear that this is not an official advertisement by having a disclaimer prominently placed that makes clear that you are not affiliated with Wacom and this is a project for a class. This might put you into the educational exception area, especially if you add some kind of "Making of" before, which would reduce the weight of the advertisement in comparison to the artistic documentation path.

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  • i'm so sorry my english is not that good, so does it mean that i shouldn't upload it? – aria pramesvara Nov 7 '18 at 10:09
  • no, I did add to my analysis. Check for yourself, maybe make it a documentation of your workflow (add sketches or photos telling the story how the project came to be...) – Trish Nov 7 '18 at 10:16
  • okay... thank you so much for your help... – aria pramesvara Nov 7 '18 at 10:18
  • There is no trademark violation here. – bdb484 Nov 7 '18 at 15:29
  • Without seeing the video, it's hard to see if it's a trademark violation. Trademarks are to identify a product as coming from somewhere specific, so if the video doesn't represent anything as coming from Wacom except the tablet, it's almost certainly no a violation. Simply mentioning or using a trademark isn't a violation. – David Thornley Nov 7 '18 at 16:03

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