IP Tech Knowledgy

Using other people’s videos as part of your company’s offerings is possible if you are careful.  

Providing links to videos on your own website in moderation can be a safe way to provide third-party perspectives on your topic. However, embedding the video rather than providing a link could be copyright infringement due to copying the video without permission. If you take videos or links from a third-party website, you should read the Terms of Service to be sure the source of the video authorizes, or at least does not disallow, your commercial use of the video. Using a video beyond as allowed in any terms of service is a breach of contract as it exceeds the conditions upon which you are entitled to use the material.

Providing information by using others’ videos can become problematic if you use too many videos from the same person; your viewers might start to believe that the person is endorsing, sponsoring, or affiliated with your business. Promoting one person’s videos too much could also be deemed a violation of their right of publicity merely because the person did not intend for his name, likeness, or image to be used in the manner you are using it. 

Even showing a third party’s video on a mobile device or tablet while on a sales call could be deemed copyright infringement, due to it being an unauthorized performance and may exceed the parameters of fair use, especially when your  purpose is commercial and/or more than occasional.  

As always, information on the internet is still protected by copyright and similar intellectual property law, and is not free for the taking or using, unless you are certain you have the right to do so.

Ned T. Himmelrich
410-576-4171 • nhimmelrich@gfrlaw.com