copyright infringement?

Started by Andy McCall, 03-21-07 at 12:32 PM

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Andy McCall

I've ran across this video on youtube and I'm doing a similar video. I really liked one of there skits and decided to make my own version- while changing a few details that would pretty much make it completely different execpt in the act of what was going on. Anyways I told the user and he said he owned all copyrights and would sue. As from my knowledge of copyright laws I would not be able to make a "derivative work", but in youtube's terms of use it states...

 "You also hereby grant each user of the YouTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. "

... Please note the prepare derivative works of. Is this copyright enfringement?

JSonnabend

It seems the original author has granted you a license by posting the video on YouTube.  What you're also might not constitute infringement even absent the license, although there aren't enough facts provided here to reach any reasonably certain conclusion on that point.

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

Andy McCall

to be more specific I'm makeing a "Jackass" movie I saw this kid stunt they sprayed axe on this kids chest in the shape of a cross then they lit it on fire. It was really funny and it worked great - as they showed it in the video - there were basicly no burns and it was really funny. Anyways we were gona do the same thing execpt change it to a skit were a dude was getting a "dragon tattoo" on his back and set it on fire. So would that have been infringement?

More on the origonal subject, it's not infringement because he realesed me right to copy it by posting on youtube?

JSonnabend

Copyright issues aside, acting like a Jackass in the manner you've described is stupid, both legally and practically.  If you want to be a jackass, just do it, but don't look here for help.

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



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