Is it illegal to capture a video game trailer and upload it online?

game trailers image

I have a gaming channel on youtube and i was just wondering would it be illegal to use my capture card to capture a video game trailer from the PS store and upload it to youtube? The trailer is free to download.

Answer
No, it is NOT illegal just make sure you say were u got the video and that you do not own it. If you don't say these things it is plagiarism.

Can you get a copyright infringement if you upload game trailers on youtube?

John

I've seen channels post a lot of trailers on their channel, and they keep doing it so it would mean they haven't gotten a copyright infringement. I was wondering if you could get a copyright infringement if you upload trailers on youtube because I want to upload one up. I am talking about gaming trailers by the way. E3, general, etc. If you can get a copyright infringement, could you avoid one by commentating in the beginning or would it have to be throughout the whole video? Thanks in advance.

Answer
You need a license to upload anything you did not personally create, unless authorize by statute. That's the law. Whether the copyright owners ask YT to remove every violation or not is their choice. If you want to assert a statutory defense, because you don't have a license, then good luck. You'll spend $50,000 or more on federal litigation attorneys and almost certainly lose your defense.

SOME game software makers actually DO give out licenses for "helpful" tutorials about their games. But you need to check first.

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