Right to use videogame footage

[pinky5]

I work for a company that produces software used by videogame companies. I'd like to use footage of the games that use our software:
(A) in demo reels for the promotion of our product at trade shows;
(B) in the promotion of our on videos in our website.

The clips of the video footage might be:
(1) obtained from trailers and reviews from sources such as YouTube;
(2) obtained by capturing the A/V feed of our own game performance;
(3) obtained by filming someone (e.g. myself) playing the game.

What rights do we have to use the footage in each case?
(AFAIK, the EULAs for the games don't explicitly rule out this kind of use.)

One (possibly related) ruling I've found, is (ALLEN v. ACADEMIC GAMES LEAGUE OF AMERICA) which ruled that playing a game in not a public performance.

 

[Michael Wechsler]

First thing to do - did you look at the agreement with the game companies regarding the right to publicity? There probably won't be anything in there but how about approaching your partner for permission for a release? They may get benefit too and likely to be amenable to agreement. No need for uncertainty and suit.



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