Making How-to DVDs w/Vegas - Software rights?

ken c wrote on 5/8/2004, 9:59 AM
Hi, after seeing Bill Myers' excellent "Producing How-To DVDs for Profit" video (http://www.bmyers.com/products/item5.cfm) , I want to use Vegas to author the video for my own new series of DVDs.

Licensing rights question re using specific software:

If for example I want to create and sell on amazon.com, a "How to Use Adobe Photoshop DVD" (or whatever title), do I need to get permission from Adobe first, since I'll be using screencaps of their software?

Anyone familiar with what you have to do, if anything, to get rights to create how to books/DVDs for specific software? I see so many application books out there (eg 14 books by different publishers on how to use photoshop etc)...and don't know if talking about, teaching about, a specific software title, requires permission/licensing from the original software company?

Appreciate any help, I am going to be living with Vegas 6 hrs/ day for the next year most likely .. :p Want to make sure I am doing things by the book..


thanks,

Ken

Comments

Spot|DSE wrote on 5/8/2004, 10:55 AM
Technically, you do. If you do one on Adobe, Sony, Corel, MS, or other big name company, expect to get hell about how you use the brand, logo, product name if you don't go thru their legal dept first. We learned with one of the big boys two years back on a VASST (not Sony/Sonic Foundry) and have now learned it's FAR more productive and efficient to work with their marketing and legal departments than it is to do the project and then tell them what you did. Our mistake on that tour was expensive, but at least we could change things. On a DVD, it's an issue of "I replicated these DVDs on how to use your product, what do you think?" and then they have legal responses regarding the use of their copyright and trademarked names and products. Then you've just tossed 1K DVDs in the trash. We recently did a project for Ulead that a product manager didn't clear with their legal, and we had to trash 2500 printed DVD covers. Fortunately, the DVDs themselves were fine. But what a scary few days that was.
On the other hand, smaller shops might not be problematic. We're tied to CMP Publishing, and that helps a LOT! with the big boys. Sony thus far has been incredibly gracious and reasonably fast with their legal team responses. For a large company, they are far and away faster than their counterparts in the industry. Still waiting on a Panasonic clearance for a project proposed at DV Expo. (december 03)
There's my nickel's worth of experience and dollar's worth of painful education.
ken c wrote on 5/8/2004, 11:14 AM
Great - thanks much for the insights and lessons learned experience ... I've seen so many how-to use software books out there, didn't know if for video there were limitations for creating 3rd party tutorials on DVD ....I'll be sure to get clearance from legal depts of the publishers beforehand ...

true re best to clear it all before getting started with product development/duplication/marketing efforts.... it's helpful to know the time delays involved too, I would expect a few weeks at the outside, sounds like it can be far longer, with big companies' legal depts, since likely not a priority for them... good to know Sony's responsive. I appreciate the tips!


ken
Spot|DSE wrote on 5/8/2004, 11:19 AM
There is no limit, you can do whatever you want in terms of making video ABOUT something. It's if you want to say "Excel" as part of your product, MS can nail you for using a trademarked name. Or if you simply say "Using MS Products" they can also zap you because "Microsoft" is also registered and trademarked.
Now, if you wanted to do a video on how to create spreadsheeps, and you use Excel in the vid, they may have a claim, that's for a lawyer to explain, but I doubt you'd have any issues.
If you want to use their logo in any way, even if it's just a box shot.....Damn, that's a whole 'nother trouble.
AaronLittle wrote on 5/9/2004, 11:08 PM
Ken, I have just recently started to produce martial arts and strength and conditioning videos. Would you mind giving a review of “Producing How-To DVDs for Profit”?

Thanks,

Aaron Little
RexA wrote on 5/9/2004, 11:41 PM
>I've seen so many how-to use software books out there, didn't know if for video there were limitations for creating 3rd party tutorials on DVD

Spot has real-world experience, so I'd say take his knowledge. I'd just thought I'd say that I had this thought while reading: On the "how to" books, there is a publisher, and I'd expect they have the people online to be sure this is all sorted out before any ink hits paper. Maybe they even do the grunt work, then go find a writer for a subject they think could be profitable?
Spot|DSE wrote on 5/10/2004, 6:06 AM
<<<Maybe they even do the grunt work, then go find a writer for a subject they think could be profitable?>>>
This is what we do at VASST with CMP and the manufacturers. With CMP's muscle and the DV.com relationship with all the different folks, it's much easier and it's still not that easy.
ken c wrote on 5/10/2004, 8:53 AM
Thanks again all for the tips, will do re getting permissions upfront for all the how-to dvds I do...

bill myers' how to dvd is a terrific resource, he sells them on ebay for a bit less than the amazon.com or site price .. it was that dvd that got me started using vegas and chromakeying, and Spot's excellent how to use vegas dvds that showed me how to use it.. both are highly recommended..

ken