I am thinking about starting a website much like collegehumor.com or similar sites which host funny videos. I want to use clips from pro sports showing amazing plays, and the like. I'm not charging the user anything to watch the video which is hosted on my web server but I will be making profit from ads on the site. Do I need permission from respective leagues to do this? I think this may fall under the fair use policy since the clips are only 30 seconds to 2 mins of a whole 2-3 hour long game. Any input would be appreciated. Thanks Brandon
Here is a site that does what you're talking about. Send them an e-mail via this link with your question: http://www.videovat.com/contact-videovat.aspx
If you have any considerations mechanisms (fees, adsense, trades), then you are engaging in commerce and thus your website is a commerical website. Remember, just because someone is doing it, that does not make it legal. Your larger networks all have deals with the pro sports leagues. Pro sports telecasts have disclaimers that say you can't use any part of the broadcast without express written consent. You could argue that CBS does it (or whatever), but you would have a rough time convincing anyone that you are a legitimate media outlet. It's a good idea, but you may run into issues. It would be worth the cash to ask an IP lawyer. The minimal cost could spare you a lot more in the future. Here are two items that are looked at for fair use: 1. "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes" Your purpose is commerical in nature. 2. "the effect of the use upon the potential market for or value of the copyrighted work." You could argue that since you have no permission, you are harming others with similar ventures that have permission. Anyway, just stuff to think about. As always, seek out a lawyer.