copyright fair-use advertisements indonesia
Can i post an unofficial advertisement?
<p>So I have a school assignment to make an advertisement video. I did a Wacom tablet advertisement.</p>

<p>Can I post it online for a portfolio and sharing, or might it be a copyright infringement?</p>

<p>Keep in mind, I am a layman, not a lawyer. So IANAL applies.</p>
<h1>Is it fair-use? Did you infringe copyright?</h1>
<p>Fair use only exists if all the <a href="https://fairuse.stanford.edu/overview/fair-use/four-factors/" rel="nofollow noreferrer">four factor</a>s are given for it:</p>
<ul>
<li>The Transformative Factor</li>
<li>The Nature of the Copyrighted Work</li>
<li>The Amount and Substantiality of the Portion Taken</li>
<li>The Effect of the Use Upon the Potential Market</li>
</ul>
<p>Let's analyze what we know:</p>
<ul>
<li>It is an original work about a non-art item. This weighs in favor of OP.</li>
<li>It is Advertisement, so the information grabbed from other advertisement is allowable, in favor of OP. If no part
of existing advertisement was recreated or strongly imitated.</li>
<li>no <em>material</em> was taken from the original crators, so in favor of OP.</li>
<li>Market effect is benefitial to Wacom, so in favor of OP...</li>
</ul>
<h1>On the Other hand: TRADEMARK</h1>
<p>You might be liable for <a href="https://www.theiplawblog.com/2007/05/articles/trademark-law/trademark-infringement-factors-considered-in-consumer-confusion/" rel="nofollow noreferrer">Trademark violation</a>. Trademark is to identify the source of goods. It also has factors... but they are hard to analyze for an unauthorized advertisement as you strictly speaking use their mark to benefit their mark, but without allowance.</p>
<p>In the strict way, you violate their trademark, but is Wacom likely to act?</p>
<p>If your advertisement is not misleading (which would be punishable as you try to destroy the market) it is unlikely Wacom will act. You can also try to make clear that this is not an official advertisement by having a disclaimer prominently placed that makes clear that you are not affiliated with Wacom and this is a project for a class. This might put you into the educational exception area, especially if you add some kind of &quot;Making of&quot; before, which would reduce the weight of the advertisement in comparison to the artistic documentation path.</p>
