Now you are thinking, "Can I use this in my VJ set?"
This is a question I see pop up regularly during workshops, in online forums, and during post-gig beers.
So I wrote this post to help you understand what you can and cannot legally use in your VJ work.
My goal is to make all VJ's who read this more confident when dealing with this situation.
I will explain your rights as an artist, but also the rights of others.
Disclaimer: This post is not legal advice. The muppet who wrote it went to art school and is not a lawyer. We can’t and won't guarantee that following this advice will keep you out of trouble. If you're doing something high-profile, commercial, or risky, get a real lawyer.
Copyright & Trademark
So what is copyright?
Copyright protects creative works: videos, music, photos, books, games, etc.
If someone made it, they probably own the copyright.
You can’t use it without permission unless an exception applies (we’ll get to that).
But, you might also have heard of the term ‘Trademark’, what's up with that?
Trademarks protect brands and identities.
Think of logos, names, characters, and anything that helps a company sell stuff.
Mickey Mouse, the word "Nintendo", or the yellow Pac-Man shape, those are trademarks.
Even if the video is old and in the public domain, the character might still be trademarked.
In short, copyright applies to the video while a trademark is a brand or character that might appear in the video.
Mythbusting
Before we get to the nitty gritty of it, I want to get my inner Adam Savage out and bust some myths I hear all the time from VJ's I talk to.
I hear VJ’s using content which they don't own the rights to say stuff like: “It's fine because I'm not making any money of it”, “It's only a short clip so it doesn't count”, “I don't live in the USA/EU, so I am immune”, “I found it on the internet, so it must be free” and my personal favourite: “It's fair use bro, fair use!”
All of these assumptions are wrong.
Copyright applies even if you're not making money and applies everywhere.
If it's copyrighted, you need permission, no matter how you found it or what you do with it.
We'll talk about fair use in the next section, but spoiler alert: it doesn't protect you.
Fair Use
If I would have gotten a $ for each time I heard this argument, I could buy a content pack.
Fair use is a legal exception that lets people use copyrighted stuff without permission, but it applies to things like education, parody, and news. More importantly: It does not cover live performances!
Remixing or layering the footage doesn’t automatically make it fair use and you are not funny enough for a parody, so in short: don’t rely on fair use to cover your ass. It won’t.
Next we'll look at some examples of footage and the legal status of it.
Public Domain Footage
Good new Garry here: Yes you can use public domain movies!
Public domain means the copyright has expired or was never claimed.
When used as VJ footage it is generally safe to use, remix, and perform.
But be careful about what you use.
Just because it’s on archive.org doesn’t mean it’s public domain.
Additionally: characters and brands (like Betty Boop or Superman) that are in public domain videos but are still trademarked. See 'Copyright & Trademark'.
When using movies from the public domain, always aim to get the originals.
Some HD-remaster, recolors and re-releases might still hold copyright, so make sure to check that.
Creative Commons
Since the dawn of the internet, we have seen a surge in Creative Commons(CC) licensing.
Creative Commons is a type of license that lets people share their work under certain conditions.
Some CC licenses let you use the footage for anything, some only for non-commercial work.
For you as a VJ, this means you have to RTFM, or more accurately: RTFCCL.
You have to follow the rules of the license.
Some require you to give credit (called attribution), others don’t allow remixing and some don’t allow commercial use.
AI Generated Content
AI tools like Midjourney, DALL·E, Firefly, and others can generate stunning visuals and I see more and more VJs incorporating them into their sets.
The copyright status of AI art is a legal mess.
In many countries, AI-generated content isn’t protected by copyright, because it wasn't made by a human.
Additionally, some AI tools are trained on copyrighted material, so the output might unintentionally infringe on someone else’s rights.
Example: If you prompt an AI to generate “a cartoon plumber in red overalls”, you might get something very close to Mario. Even if you didn’t mean to, using that in your set could still be risky.
So, how to safely use AI generated content?
Firstly, generate it yourself and use tools with clear license terms.
Secondly, avoid prompts that copy or imitate famous intellectual properties or real people.
AI is a powerful tool, but treat it like sampling.
If it sounds or looks like something famous, assume it's not safe.
Game Footage
This is what got me inspired to write this blogpost.
I thought it would be cool to record some old NES games for my next gig, but then I got thinking about whether that is actually legal to do.
No.
Gameplay footage is considered a derivative work because the visuals, music, characters, and environments are all copyrighted by the game publisher. So even though you created the screen recording, the underlying assets belong to the rights holder.
Note that abandonware is not an exception to this rule.
The copyright still exists, even if the company went bankrupt or doesn’t care.
Same with VHS rips, old DVDs, or weird clips from YouTube.
Don’t assume that because it is old, that it is free.
News Footage
These sources can sometimes be freely used, but not always.
Public broadcasters like CNN or BBC still own their content.
Additionally, simply because a media outlet is publicly funded doesn’t mean you can use their footage. Other government content might be in the public domain (a lot of the NASA stuff is!)
Archival Footage
Archival footage is a literal goldmine for VJs.
You can find archives online or even go to your local library or historical society.
But you still need to check the license or rights info or ask permission if it’s not clearly labeled as public domain or Creative Commons.
There is one big catch to consider: many archives contain home movies or real people, and even if the footage is old, those people may still have privacy or image rights. Which are separate from copyrights.
Permission
So how do you get permission to use copyrighted content?
A short, respectful email works wonders!
Say who you are, what footage you want to use, where it will be shown, and whether you’re being paid. Explaining the context in which you will perform, will generally help the rights-holder to feel safe in giving you permission.
Keep it short and clear.
Most indie creators, archives, and government institutions will say yes, especially for artistic use.
Save the email. That’s your proof.
Conclusion
And that about wraps it up!
Get wild and get creative, but use content with a clear license.
Don’t rely on remixing or glitching to make it legal, it won't.
You don’t need to pirate Disney clips to make a killer set.
There’s a whole world of amazing footage out there that you can legally use.
Know your rights.
Respect others'.
Make sick visuals that go flashy-flashy boom-boom and have fun while doing it!