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[Arrobins]

I work for a small production company that is creating short web based videos centered around the financial world.  We create many different types of videos however mostly it is a 1 person news style video.  Most of the time the context is centered around "but this company, sell this company...." some information is complementary and some is quite critical.  Many here are opposed to putting logos on the screen when speaking about companies for legal reasons (especially when they are not spoken about in a favorable light).  Where do web based videos fall into the 'fair use' category?

On a side note what about taking clips from aired TV shows such as CNBC? As interviews on shows like Squawk Box are often referenced. I often see similar clips on shows like The Daily Show.  Do they pay for those rights?  If some one could help "un-gray" this gray area i would be most appreciative.  Thank you.

[JSonnabend]

Using a logo in a news story is likely permitted, as it is not a trademark use per se and is being used to refer to the company in question.  Of course, the doesn't mean you won't have to stand up to bullying from trademark owners, which is always a possibility.

As for using clips, that's a copyright issue and may be problematic.  My initial thought is The Daily Show is showing the clips to comment on the clips themselves.  That use is likely protected under the First Amendment. 

By contrast, you would be using the clips to disclose the information discussed in the clip itself, that is, re-broadcasting the clip for the same purpose the original clip was broadcast.  That could be a problem.

- Jeff

[Arrobins]

I apologize for my ignorance...this is all foreign to me.  When you say "bullying" from the trademark owner.  What are you referring to?  I would just like to know what I am in for to decide if it is even worth it to use the logo's or not.

[JSonnabend]

By "bullying" I mean even if your use is ultimately permissible under the law, that doesn't stop a trademark owner from sending you a nasty letter or even from suing you.

- Jeff