selling video footage of commercial programs and games.

'Is it legal', 'can I do this' type questions and discussions.
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ajones
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selling video footage of commercial programs and games.

Post by ajones » Thu Sep 01, 2011 10:28 am

Dear people,

I have a group of questions related to selling footage of
commercial programs and video games.

(EDIT: I see the video game part been answered in
another subforum.
Sorry for not noticing before posting.
Does it still apply on the commercial program part ?)


a)
Does it breach any copyright law if i would want to sell
a video of a commercial game/program and program being used.
(For playing back on a pc, making it look like that
program is being used) WITHOUT sound.

b)
Same question, WITH sound effects

c)
Would it breach copyright laws if said footage
was used in a commercial project like a movie/tv show ?


Thank you lots for your time.

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AndyJ
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Post by AndyJ » Thu Sep 01, 2011 4:51 pm

Hi ajones,
As you say the possibility that reproducing a video game in a new work could infringe copyright was recently covered in this thread.
I think that much the same could apply to the graphics from a commercial program but I'm not aware of this particular issue arising in a court case. There have been several court cases in which one manufacturer has alleged that another maker has copied the look and feel of their program, but that's a slighltly different issue.
Also a lot would depend on the program. For instance I am aware that there are many 'how to' vidoes which demonstrate tips and techniques for using Adobe products like Photoshop and Lightroom, and I would imagine that Adobe do not object to this because it widens the potentuial user base for its products. However other manufacturers might object so it would be sensible to seek permission first.
I don't really think it matters whether or not the sound is present. The soundtrack to a movie is both a sound recording in its own right and an integral part of the movie, but the sound produced by a computer game or program is not, in my opinion, a sound recording in the normal sense. However since you are not preposing to use the sound alone, I don't think you need worry about this aspect.
Using your footage in a commercial product is much more likely to upset the original copyright owners, because it could be argued you are profitting from their product. In this case I would strongly advise you to seek permission, or at the very least get proper detailed legal advice based on exactly what you want to do, before releasing the product.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

ajones
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Post by ajones » Fri Sep 02, 2011 9:11 am

Thank you very much for your clear answer. It is very appreciated.
Hope this info can be useful for someone else.

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