If I wanted to analyze a YouTube video and display some products from the video would it be illegal?

Is this fair use??

  • Could you clarify what you mean by analyze and display? – Adam Sep 30 '15 at 3:12
  • @Adam: Im assuming "display" means to show/show something. But he needs to clarify what he means by "analyze". – LOSTinNEWYORK Sep 30 '15 at 3:35
  • If I wanted to build something that could determine what dress a celebrity is using with a software I developed and find a related product for that dress online and provide a user a link to that? – Michael Joseph Aubry Sep 30 '15 at 6:38

I foresee three potential problems.

Trademark - the products that you discuss will bear trademarked names and labels. However, your use sounds like it will fall under nominative use. You need to make sure: only use the trademark when the use is necessary to identify the product, only use an much of the trademark as is necessary to identify the product, and do not imply endorsement by the product.

Copyright - the videos you analyze will be protected to copyright protection. Analyzing them in place does not implicate copyright but copying them locally for analysis or reposting them on your site might cause problems. I imagine you will need frame-grabs at least so it's something to keep in mind.

Right of publicity - the celebrities or other famous people in the videos have the right to control how their likeness is used. So again, take care with how you use the images. This is especially true if you are profiting in any way from the celebrities. Some of this is commons sense, our society is rife with images of celebrities and the celebrities don't sue everyone. However, the lawsuits do happen.

Generally speaking, the less you commercialize your use of the trademarks, the videos, and the celebrities, the less danger you are in. And of course the opposite is true. Irrespective on commercialization, you want to make sure that you do not create the implication that any of those elements endorse your product.

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