Commercial Online Tutorials - copyright infringment?

[dcoolcatt]

My jurisdiction is: USA

If I were to create video based on-line tutorials that showed details of how to use websites as part of an overall program eg. in creating a course on social media marketing if I record videos showing step-by-step details of how to use Facebook, MySpace, Linkedin, Twitter, Youtube etc would I be violating any copyright laws? My videos would not only demonstrate the use of but would highlight certain unique aspect of individual sites and how to best use these in the overall scheme of social media marketing.

I would be creating profiles on various online social media and other sites under a generic name and recording step by step videos for this as part of the overall product I intend to market and profit from.

This would involve me going to the websites or demonstrating the use of the products by video recording the steps while I am at their website. Most of these websites are free to join for basic membership and some also have a paid component while others are fee based membership sites.

I also would create "how-to" videos for various commercial products or sites available eg how to create videos using xxxx software product (showing step-by-step details usually lacking from the product maker themselves).

The product(s) I create would be marketed on the internet.


Please advise.

 

[Michael Wechsler]

Without giving any legal opinion on exactly what you are doing, my experience with tutorials are as follows. While you might be using copies of the work, it is arguably "fair use" and the majority of companies will not sue because (i) there is a high probability this is the case, (ii) likelihood of success aside, if there is infringement, damages are minimal if any, and (iii) to sue would undermine the customer base if word got out of a malicious lawsuit.

The fourth prong of the "fair use exception" makes an analysis of the use of the work, context and damages caused to the rights holder. Copyright infringement typically results in damages since the infringer sells copies of the work and benefits financially to the detriment of the rights holder (who would have made a sale but for the sale by the infringer.) In this instance, not only are you not selling the product, but it is highly likely that your work will result in greater sales of the product. Even if there was infringement, what would the damages be? Increased sales? If you really need a clean slate, going to the company might be a solution and they may even want to promote your product. From my experience and without providing any legal advice on that which I have not seen, creating a tutorial is a low risk investment if it is infringement at all.