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I have been invited to give a TEDx talk quite soon and the topic of the talk is really close to an episode of Black Mirror. I'd therefore like to use some images of the show in my talk. Other movies and video games also would be very relevant and I would love to be able to use them. Do you think that this is allowed, provided that I indicate "© Netflix"? I have tried contacting Netflix over this but they seem to not even know themselves.

Any pointers would help.

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  • A lot of factors can be relevant, such as commerciality, the impact on their profit, etc. I recommend you consulting to an attorney. – xuhdev Oct 25 '19 at 16:48
  • I don't think I have ressources to consult an attorney on that matter. That's why I would like to get some outside pointers first @xuhdev – LBes Oct 25 '19 at 17:16
  • I don't think I have ressources to consult an attorney on that matter. That's why I would like to get some outside pointers first. – LBes Oct 25 '19 at 17:16
  • Since TEDx talk is a pretty big event (if I were you :)), and my estimate is that you would probably talk to an attorney for no more than half an hour, it shouldn't be too expensive. For example, you can visit a website like upcounsel and schedule a call. – xuhdev Oct 25 '19 at 21:16
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You would either be concerned about fair use in the US, or fair dealing in the UK (it is unclear who would have standing to sue you for infringement, but it is not Netflix. Probably Channel 4, UK). The UK doctrine is more limited than the US fair use doctrine. §30 of the UK law seems to be what is relevant: usage requires "sufficient acknowledgement". It is not clear whether §33 on educational use is relevant (is this "non-commercial"; is this "instruction").

Sufficient acknowledgment relates to moral rights, covered in Ch. 4 of the law. §2 says that moral rights

subsist in favour of the author, director or commissioner of the work, whether or not he is the owner of the copyright

and §77 articulates this right to be identified as author or director. In that respect, to comply with the acknowledgement requirement, you would not acknowledge your local source (Netflix) or Channel 4. But the owner of moral rights must assert them per § 78. You need to carefully read this chapter because there is also a moral right to not be falsely held to be an author, and a right to object to derogatory treatment.

As for whose law you have to care about, the possibilities are broad, because a work is probably protected under the laws of many nations. I might sue you under US law because my work is protected by US copyright law and that is convenient for me, but I might also sue you under UK law or Swedish law, depending on where you live or where you infringed copyright (took the screen shot; created the slide; displayed the slide; hosted the video).

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  • You seem to use a lot of references to UK law. Do they apply to international use (cause that seems to be the case of recorded TEDx talks) – LBes Oct 25 '19 at 18:27
  • He gave you US and UK laws. What country are you in @LBes? – Putvi Oct 25 '19 at 18:42
  • The problem with copyright infringement is that you can get sued under 190 different systems of law. Infringement is trans-national. – user6726 Oct 25 '19 at 18:43
  • The TEDx will be in Sweden – LBes Oct 25 '19 at 18:44

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