Use of Graphics and audio in playground

Question

Created Apr ’21

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I'm using few images and audio in my playground/playgroundbook which is from a famous TV show. I'm not sure if there's any copyright infringement against use of those images/audio. The swift student challenge guidelines state that, any public domain images and/or audio files can be used with rightful credits and and a brief explanation. So, is it safe/sufficient if I give the credits and explanation, or should I consider replacing those assets ?
Thanks in advance.

Answered by theParadox42 in 670841022

While I’m not sure how thoroughly Apple inspects assets used, it is likely you won’t be able to get a license to use your assets. But don’t despair, because use can be fair! That’s right “fair use” is using copyrighted content unlicensed in certain conditions. Based on an government article Apple, these conditions determine fair use

Purpose of non-profit over profit, educational over business
Technical works over creative works
Amount of work used, or % of project made up of used work, less is better
Effect on the market in which the work was created in

I’d say a movie audio clip or image would certainly be considered fair use, but Apple doesn’t specify fair use, it labels public domain, and unless your movie is over 100 years old, chances are its still copyrighted, which means it can’t exist under the public domain. I would recommend finder alternative media. If you do try to bend fair use into your project you have to give credit to the original authors or owners of the material, or else you have no protection.

TL;DR
Fair Use gives you legal ability to use those assets, but Apple’s criteria restricts you from using anything that is not copyrighted. Either way explain where you got those assets and why you are using them

In fact after writing this up I realize I have one asset that, while I have permission to use, doesn’t qualify under public domain. I’m 99% sure most fair use with credit will be totally acceptable, but for those of you who are worried either: check the public domain, or make your own stuff.

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Answer 1

theParadox42 OP

Apr ’21

Accepted Answer

While I’m not sure how thoroughly Apple inspects assets used, it is likely you won’t be able to get a license to use your assets. But don’t despair, because use can be fair! That’s right “fair use” is using copyrighted content unlicensed in certain conditions. Based on an government article Apple, these conditions determine fair use

Purpose of non-profit over profit, educational over business
Technical works over creative works
Amount of work used, or % of project made up of used work, less is better
Effect on the market in which the work was created in

I’d say a movie audio clip or image would certainly be considered fair use, but Apple doesn’t specify fair use, it labels public domain, and unless your movie is over 100 years old, chances are its still copyrighted, which means it can’t exist under the public domain. I would recommend finder alternative media. If you do try to bend fair use into your project you have to give credit to the original authors or owners of the material, or else you have no protection.

TL;DR
Fair Use gives you legal ability to use those assets, but Apple’s criteria restricts you from using anything that is not copyrighted. Either way explain where you got those assets and why you are using them

In fact after writing this up I realize I have one asset that, while I have permission to use, doesn’t qualify under public domain. I’m 99% sure most fair use with credit will be totally acceptable, but for those of you who are worried either: check the public domain, or make your own stuff.

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