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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3605
Experience:  30 years of experience.
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We are a rock band and have created a music video using

Customer Question

We are a rock band and have created a music video using various video clips along with free and our own footage from You Tube. None of the clips are lengthy but there are many of them from different sources. What are the restrictions/laws in NY regarding using clips from posted videos? Can we use the clips?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

There are two legal issues involved in your question. The first is the New York Recording laws. These generally do not prohibit video recording in public spaces. So if you are recording the reaction of your audience then you can do so without concern. Persons participating in public events, like concerts, have no expectation of privacy and no right of publicity.

The other issue fall under Copyright law. The Copyright law protects the rights of the other peoples video clips. In that regard you need to review the terms and conditions of You Tube in regard to the posting of private video. If the poster must relinquish their copyright in the video you should be Okay in using it. If it is unclear you should seek the permission of the person who made the video to avoid potential difficulties. This may be difficult to accomplish as a practical matter. If you are not certain that the video provides a license for its use, you need to be careful in using that particular clip.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Expert:  Gerald-Esquire replied 1 year ago.

Here is the link to YouTubes Terms of Use:

https://www.youtube.com/static?template=terms

It appears that people who post on YouTube does not attempt to restrict the poster's copyright. So you need to obtain permission from the other person who posted their videos.

Good luck.

Kind regards,

Gerald