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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3737
Experience:  30 years of experience.
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The following youtube channel has videos that feature

Customer Question

The following youtube channel has videos that feature superheros. Are they violating any copyright? If there are getting money from youtube for ads and adsense, is that illegal?Would I be able to make a youtube channel with superheroes like spiderman doing skits and teaching magic tricks and profit off of it?
Submitted: 11 months ago.
Category: Intellectual Property Law
Expert:  Gerald-Esquire replied 11 months 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.

I would like to assist you on this. Can you send me the link to the YouTube Channel that you are referring to?

Kind regards,

Gerald

Customer: replied 11 months ago.
https://www.youtube.com/channel/UCemI-8o-LrO8RSe4vBRX2Cw
Expert:  Gerald-Esquire replied 11 months ago.

Hello:

Thank you for your patience. I had to attend to somethings and verify somethings for you.

What you are seeing on the You-Tube Channel that you provided is what is called a Parody under copyright law.

A Parody is a form of commentary and criticism of copyrighted work. It makes fun of and mocks the original work.

A good example of Parody (other than the link you provided) is what Weird Al Yankovik does with popular songs. (If you don't know who Weird Al is look him up - its a good example and its very funny).

Parody falls under the category of "Fair Use" under the copyright law. Fair use is a legal concept under the law that allows other persons to use the copyrighted material of another persons without permission and without remuneration IF that use meets certain specific criteria.

There are a number of categories of Fair Use - commentary, criticism, education, etc. One of the most accepted and permitted Fair Use is Parody.

This article discusses Fair Use in more detail and I recommend it to you:

http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

In regard to your question: "Are you able to make a you tube channel with superheroes like spiderman doing skits and teaching magic tricks and profit off of it?"

Perhaps, if you can design a work that meets the criteria of Fair Use you can. But Fair Use is a tricky concept. Only a court can tell you AFTER the Fact whether your use was permitted or not. Everyone else is just guessing.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as 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.

Kind regards,

Gerald

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