Using copyrighted pictures in YouTube videos?

[Drakhen99]

I've been noodling this one for a bit now, and have some questions maybe some of you can answer (especially you bigger vloggers)...

I watch a lot of YouTube and I see channels like Yammie Noob or Doug Demuro using marketing photos of cars and bikes in their videos.

Do you have to have the manufacturer's permission to use those marketing photos in videos? I use Pexels for some of my stock photos and Freesound.org for sound bites, and of course YouTube's copyright-free background music, but I have some video ideas that would just be better if I could throw up some Harley and other bike brand photos, overlaying them over my own footage (and possibly cropping them to fit better with on-scene material).

So far I've only used photos that I, myself, have taken, to avoid ANY copyright infringements. But you know the Yammie Noob and Doug Demuro channels are monetized, so how do they do it?

Thanks in advance!

-John

 

[R-Rated]

I've been noodling this one for a bit now, and have some questions maybe some of you can answer (especially you bigger vloggers)...

I watch a lot of YouTube and I see channels like Yammie Noob or Doug Demuro using marketing photos of cars and bikes in their videos.

Do you have to have the manufacturer's permission to use those marketing photos in videos? I use Pexels for some of my stock photos and Freesound.org for sound bites, and of course YouTube's copyright-free background music, but I have some video ideas that would just be better if I could throw up some Harley and other bike brand photos, overlaying them over my own footage (and possibly cropping them to fit better with on-scene material).

So far I've only used photos that I, myself, have taken, to avoid ANY copyright infringements. But you know the Yammie Noob and Doug Demuro channels are monetized, so how do they do it?

Thanks in advance!

-John

I would not want to be Yammie. He needs training wheels.

 

[Drakhen99]

I would not want to be Yammie. He needs training wheels.

I only referenced him for his overlaid images. Luckily he's got Spite by his side to do the mechanical stuff.

-John

 

[Moto Mengy]

From what I've read, marketing materials released to the public fall under "free use" and can be used at will. Now I don't know that for absolute certain but I've read it in a few places and it seems to be the case judging from what tons of YouTubers do.

Would be good to get clarification by someone who knows for certain though.

 

[Drakhen99]

From what I've read, marketing materials released to the public fall under "free use" and can be used at will. Now I don't know that for absolute certain but I've read it in a few places and it seems to be the case judging from what tons of YouTubers do.

Would be good to get clarification by someone who knows for certain though.

Dude, if that's true, I can make more videos and better videos... I would LOVE some clarification from an expert!!!

I'm taking my time on this one video, awaiting clarification ... and it's killing me. I have so many ideas for (what I think are) good videos for my channel (that aren't moto vlogs), but do not want to risk any copyright strikes or anything that will jeopardize my channel's growth!

-John

 

[LandyVlad]

If it involved legal stuff there can be no guarantees. Having said that,

I look at it this way - they produce marketing materials to get publicity for their bikes. Anyone republishing / rebroadcasting that material is precisely what they want ! (assuming you don't edit the material to make the content different to that intended) They may have an issue if you are slamming their bike as rubbish though if using their material to illustrate the video...

Also if the word gets out they are stopping youtubers from using pictures of their bikes (for example) there'd likely be a publicity backlash that just isn't worth the bother.

Personally I'd feel safe doing what you describe.

 

[scooterwuf]

The fair use clause is more of a tactic used in Federal court, and it only applies in very few circumstances, mainly under the context of education. More than likely images of bikes and vehicles are own by their brands as well as the rights to their photos as they hired a photographer to take them, or had them produced by their own art departments. Photos don’t generate as much revenue as music does so it’s unlikely that a brand will go after a YouTuber for posting their image unless it done chronically and used as a source of revenue.

- Wolf

 

[Drakhen99]

The fair use clause is more of a tactic used in Federal court, and it only applies in very few circumstances, mainly under the context of education. More than likely images of bikes and vehicles are own by their brands as well as the rights to their photos as they hired a photographer to take them, or had them produced by their own art departments. Photos don’t generate as much revenue as music does so it’s unlikely that a brand will go after a YouTuber for posting their image unless it done chronically and used as a source of revenue.

- Wolf

AFAIK, YOU are the go-to guru of copyright here on MotoVlog.com! Thanks for that explanation!

I will probably do it. I found one or two pics of a bike that I need for this video, and once I'm done tweaking everything else, I'll see where the holes are. If needed, to completely avoid ANY issue, I can go to my local Harley dealer to get the pics I need of some in-stock bikes. Actually, that's not a bad idea for lunchtime tomorrow. I can drive up (the roads are still covered in salt around here) and get 'em at lunch. Then I can actually get the bits I need and not the other stuff.

BUT, this I am sure will come up again, and I'll do it then. I noticed on Harley's web site it says not to use without written permission for "commercial purposes" ... so I'd assume someone like Yammie Noob or Doug Demuro count as "commercial purposes" since you KNOW they're making money off their videos.

-John

 

[scooterwuf]

AFAIK, YOU are the go-to guru of copyright here on MotoVlog.com! Thanks for that explanation!

I will probably do it. I found one or two pics of a bike that I need for this video, and once I'm done tweaking everything else, I'll see where the holes are. If needed, to completely avoid ANY issue, I can go to my local Harley dealer to get the pics I need of some in-stock bikes. Actually, that's not a bad idea for lunchtime tomorrow. I can drive up (the roads are still covered in salt around here) and get 'em at lunch. Then I can actually get the bits I need and not the other stuff.

BUT, this I am sure will come up again, and I'll do it then. I noticed on Harley's web site it says not to use without written permission for "commercial purposes" ... so I'd assume someone like Yammie Noob or Doug Demuro count as "commercial purposes" since you KNOW they're making money off their videos.

-John

Good point. It may not have any riding or motorcycle related footage or stills, but I like using this site (all their footage is free):

Beachfront B-Roll

Free HD stock video footage, time lapse and animated backgrounds for personal and commercial use. The library is royalty free and free to download.

www.beachfrontbroll.com

- Wolf

 

[Drakhen99]

Good point. It may not have any riding or motorcycle related footage or stills, but I like using this site (all their footage is free):

Beachfront B-Roll

Free HD stock video footage, time lapse and animated backgrounds for personal and commercial use. The library is royalty free and free to download.

www.beachfrontbroll.com

- Wolf

Thanks! I have bookmarked that for my next project.

I have been editing this project in between others, and last night I made some good headway using the stills & video I shot at the local Harley dealer the other day. It's nice to be able to overlay video and pics, instead of just pics!

Oh, and I shot stills & video at my local Harley dealer, like I said I would I walked in carrying my GoPro and spoke to their General Manager, who gave me free reign and pointed out the bikes I wanted to film. I spent the next 20-30 minutes alternating between bikes and cameras, getting all the footage I could want.

-John

 

[Meifesto]

From what I've read, marketing materials released to the public fall under "free use" and can be used at will.

Dealer or brand websites do often state whether or not they are free use.
Now... here comes the interesting part, if a dealer or importer or brandcompany work with a person for demorides etc, and they can provide you with a press login.
With said press login you can get a multiple of photo's, "kept" behind the login, which you are free to use for any media related content you publish. This will contain, in most cases, youtube use as well, as most magazines have a channel as well, and some tests they do only make it do youtube.

So it kinda depends where people got their photo's from as well.

 

[HRMV]

Very interesting conversation and not something I considered even contemplating.

I used marketing video previously that I just took off YouTube and Mr Kawasaki hasnt sent me any nasty emails yet