Is there a brand in the blooper video? Fantastic fun to put your own brand, product or service against it. With your product, that blooper would never have happened. Or your product solves the problem that arose because of that blooper.
In that case you are using someone else’s brand. It is also a form of comparative advertising.
You are not allowed to use someone else’s brand just like that. Not at all, even. Unless you have a so-called ‘valid reason’ for it. But if you violate the reputation of the other brand? Then you quickly no longer have a valid reason.
Do you want to compare your product or service to that of another? Then we call that comparative advertising. This should always be done as objectively as possible. That is almost impossible with a blooper.
Parody is not known in trademark law
So with ‘it’s just a joke’ you can sometimes get away with in copyright law, but not in trademark law. Only if it were a whatsapp lead valid reason, but the commercial purpose and the reputational damage that come into play quickly make that impossible.
Beware of honor and good name
We laughed at home videos mainly because of others. Not everyone is happy to see themselves in a blooper. Who knows, they may have already gone to great lengths to get the videos offline. If the blooper was not posted by the person who committed the blooper, you cannot assume that person is okay with people laughing at him/her/x.
At the same time, people don’t have the right of veto. So someone can’t just forbid the video to be posted or used in a new video.
People do have the right to a balancing of interests. That is to say, the balancing of their privacy interest and right to a good name and the right south africa numbers to freedom of expression and therefore to be allowed to make a new video with it.
The context of the video is one of the most important criteria in this consideration. Unfortunately, there is no fixed list what are the big trends? of criteria or other mathematical formula to determine whether or not it is acceptable. But it does have to be taken into account what your video actually says.
