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Author Topic: products used in training video  (Read 798 times)

srv_wannabe

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products used in training video
« on: 08-21-06 at 02:57 pm »

I want to produce a training video for a software title and a compnion piece of communications hardware. I have no affiliation with the manufacturer of the HW/SW but have extensive knowledge of the products. I am looking to provide basic training to companies who use thie HW/SW via a DVD. Will I be infringing on the manufacturers copyrights or trademarks by showing screenshots of the software or their logos on the hardware or software screen shots or mentioning their name verbally in the production? The videos would be marketed as standalone products to the public.  


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JSonnabend

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Re: products used in training video
« Reply #1 on: 08-22-06 at 04:36 am »

As a general proposition, you are allowed to refer to a "trademarked" product by its trademark, even if you do so commercially (for instance, you can say you have a "Ford" car for sale, if that's what it is, or offer a "Complete Guide to Microsoft Word").  Likewise, you're generally clear to show pictures of the actual product, even if it's branded with a logo.  

What you want to avoid in the trademark context is giving the impression that you are affiliated with or endorsed by the mark owner.

As for the screen shots, I believe in your context it would be considered fair use, even if it's copyright infringement in the strict sense.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com

srv_wannabe

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Re: products used in training video
« Reply #2 on: 08-24-06 at 11:28 am »

Jeff,

Thanks for the follow up... makes sense and lines up with what I believed I understood from research I have done through various channels.

I do not know how often, if ever, you are publicly appreciated for your contributions to these forums. So I want to express my gratitude to you for your time. You are undoubtedly a very generous person and I applaude you and what you do to help your fellow man. ;D

APPLAUSE!!! APPLAUSE!!! APPLAUSE!!!

Thanks again!!
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JSonnabend

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Re: products used in training video
« Reply #3 on: 08-25-06 at 07:12 am »

I appreciate the kind words.  I'm happy to contribute, but I do caution you and everyone else who seeks advice here.  

It is unwise to rely on the advice you receive here in making real-world business decisions.  Many "advisors" are simply unqualified to offer advice, and they are frequently seriously wrong.  Even those who provide legal counsel for a living -- and there are many qualified contributors here -- can't give sound legal counsel in the context of these forums.

Please consider the advice you receive here as general in nature and seek competent, personal legal counsel before making any business decisions.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
 



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