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Considered ‘Fair Use’ on IG or TikTok
A product of a brand I represent was shown on Netflix and I want to understand what legal rights we have to promote it on our social channels ie. can we take a clip and edit it slightly? or do we have to go through Netflix regardless to use the clip?
From what I’ve read online they will always ask for money if I ask so I want to see if we have any legal rights given its our product that’s being shown before we outreach and end up with a paper trail.
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1 Reply
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Im not a lawyer but generally speaking Fair Use allows you to showcase another person’s work if you are adding commentary, criticism, or using it in something like the news or academia (like a text book). You can’t really just grab a snippet and show it on your feed without putting you and your client at risk – how much risk and if it’s worth taking is a different convo all together.
Alternatively you can transform it, but it has to be a significant enough transformation as not to interfere with the original work. For example, if you took a painting of the mona lisa and made it into a playable video game – no one would confuse the two.
It may be worthwhile to hit up the creator of the show itself and see if you can use their footage, instead of going through the distributor. They may have footage that didn’t make the final cut, or they may have the rights to share it with you without cost as it may be considered “promotional”.
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