New York  |  Intellectual Property

Legal Question

Asked on: 6/02/02, 8:36 pm

Revised query on copyright and trademark law with regard to ‘fair use’.

I am creating a for-profit acting tutorial videotape. This product will be sold to the public for private home use and not for broadcast on the air or presentation in public forums. This videotape would employ a variety of actual commercial advertising copy (written text or script in its entirety, including the actual product brand name) as material for the purpose of students to use as a tool in experiencing a commercial audition and the recreation of a commercial audition scenario. This commercial copy (text) and product brand name will be used in an editorial and teaching context and will not be used to promote, market or endorse this videotape product. In that regard, none of the trademark symbols, brand names or any portion of the commercial copy will appear or be spoken in connection with the packaging, print ads or any other marketing or promotional materials for this videotape product. Would my business be within the category of ‘fair use’ with regard to copyright, trademark or any other applicable laws?

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