I had no idea where to post this so I apologize in advance. Anyways, my question is this. If someone has a video titled "stock footage" that you are able to download on vimeo then can I use it for a project that I am not making ANY money on if I give them credit? Its not gonna be on tv or anything, its just going to be on youtube/vimeo, I just don't want to get sued. I tried reaching out to the person that uploaded it but they have not logged on in over a month. Any thoughts would be much appreciated as I have never had a need until now to use stock footage. thanks
Stock Footage??
- Thread starter Bongos121
- Start date
David W. Richardson
Chapelgrove Films
No, you cannot legallly use it without the express permission of the copyright owner. It doesn't matter what the video is titled. It doesn't matter if you make money or not.
You might try searching the more popular stock footage sites. You may find the owner has the same clip available for sale on one of those sites. Or you may find something similar that you can purchase and use. Try Pond5 or Revostock.
You might try searching the more popular stock footage sites. You may find the owner has the same clip available for sale on one of those sites. Or you may find something similar that you can purchase and use. Try Pond5 or Revostock.
Though legally you probably need express written permission, I think as long as you give the person credit for the footage then you're fine. No one will sue you because you're not making any money off of it, like you said. If you suddenly were making money, I think they could come after you because they probably deserve some of it, not having given you permission in the first place to use it for free.
But I think, since you're non-profit and giving credit where it's due, that this falls under fair use.
But I think, since you're non-profit and giving credit where it's due, that this falls under fair use.
Last edited:
cyclone
Well-known member
It makes no difference whether or not you pay to use it or if you are making profit from the footage. As David Richardson noted, you can not use it without permission. The owners of the footage could easily argue that the worth of their footage has been diminished simply by having it associated with your particular project, and then sue for damages. And it is not Fair Use just because it is non-profit.
tom_wise
Well-known member
Doesn't matter whether they answered you or not. It isn't legal unless they say you can use it. They can title "free", but copyright is the issue not it's title!
diegocervo
Well-known member
I produce stock photos and videos and I can tell you for sure that it is NOT legal unless you have written permission by the copyright holder or assignees.
If you need FREE stock footages, you may have a look at some of the main agencies (pond5, revostock, clipcanvas, istock, shutterstock, etc.) They have a section on their website with footages you can download and use for free.
Hope this helps,
Diego
If you need FREE stock footages, you may have a look at some of the main agencies (pond5, revostock, clipcanvas, istock, shutterstock, etc.) They have a section on their website with footages you can download and use for free.
Hope this helps,
Diego
David W. Richardson
Chapelgrove Films
I don't know why people keep saying this stuff after we've gone over it here time after time after time.
This is just patently wrong. They CAN sue you, whether you are making money off it or not. Whether or not they WILL sue you is arguable, but you're still taking a risk. Honestly, the fact that the owner titled the clip "stock footage" hints that he may sell stock footage for a living, and he has posted this clip on Vimeo to promote himself and his work. If that's the case, then he stands to LOSE money if people start downloading the clip and using it for free. If someone is breaking the law and costing me money, I'd sure sue them. Wouldn't you?
But keep in mind that being sued isn't the only danger here. Copyright violation is a violation of FEDERAL LAW. Nobody has to sue you. All they have to do is report you to the FBI, and you could face a $250,000 fine and five years in a federal prison. Now ask yourself -- is it really worth it???
This isn't the way it would work. If they came after you, it wouldn't be for SOME of your money -- it would be for ALL of it, because you didn't have permission in the first place to use it for free.
Being non-profit and giving credit are, neither one, provisions of the fair use exception to the copyright law. Fair use is very specific, and there's nothing the OP has said here that even hints that his planned project would fall under the fair use umbrella.
Go to Pond5.com. Browse the clips online there. Some of them are VERY reasonably priced -- as little as $25.
Bottom line is -- do it right, do it legally, and then you can be proud of what you've done.
David W. Richardson
Chapelgrove Films
Why don't you post a link to the Vimeo clip you want to use? Or describe it to us? Someone here might have something very similar that they'd be willing to let you use. Or we could be more helpful in finding an affordable solution to your problem.
Thank you all very much for the information, Its much appreciated and I think other people could benefit from this info as well. The owner of the footage actually emailed me back early this morning and it turned out everything couldn't have worked out much better. He gave me 100% permission to use the footage free of charge and offered to send even higher quality clips for a small fee. Thanks again and I will for sure post the finished project when it gets all finished
David W. Richardson
Chapelgrove Films
I'm not sure I would advertise the fact that you're willing to steal someone else's work and use it without their permission or compensation. After all, a lot of us here are content creators. I'm just sayin'.
j1clark@ucsd.edu
Veteran
I don't know what posts you're referring to but most of them tended to say 'no, unless specific grant of 'use' for 'free' is given, that a title of 'free stock photography' is insufficient.
While 'nature' photography probably only requires the photographer's permission... any image with a recognizable person, or man made thing, may have a copyright or use right associated with it. (People don't usually copyright themselves... just have 'use' rights for images of themselves...).
A photographer who forgets there are 2 rights involved in their people photographs, may get your use into trouble...
David W. Richardson
Chapelgrove Films
I agree.....as long as he ASKS. And with the understanding that he can't then allow some OTHER guy to use that clip for some other project.
Totally agreed, unless there was something explicit stated that you don't have to ask, I'd think it's only proper. I know the answer for me is always yes if it doesn't cost me anything and it's just helping a fellow filmmaker out, and I'd assume it's like that for many other filmmakers as well.
David W. Richardson
Chapelgrove Films
I think even if it did state you didn't have to ask, I'd still ask. You never know if that clip was posted by someone who wasn't the copyright owner. I like to always cover my bases. Cross the t's and dot the i's.
