Are we allowed to use some emojis that were inserted in an app from Apple’s iPhone keyboard and import the result into Final Cut Pro adding other effects to the footage and posting it on YouTube?

Hello folks!


I was wondering, are we allowed to use some emojis that were inserted in an app from Apple’s Iphone keyboard AND then import the result into Final Cut Pro And add other effects to the footage, which it’s entirety will be posted on YouTube?


Basically I have an app on my iPhone which lets me insert emojis with the text. Then I export it to my phone’s library where Then I imported it in Final Cut Pro.


I know we are allowed to use emojis from Final Cut Pro by doing ctrl-CMD-Space bar and selecting the emojis we want.


But in my case the emojis originated from mummy phone’s app.


They all look the same but just asking what the legalities are.


Also, 2nd part question, (pertaining to if the above is illegal) can I use emojis from my iphone’s keyboard and then blur them in final cut?


thanks for all feedback

roberto


[Re-Titled by Moderator]


Posted on Dec 3, 2019 12:43 PM

Reply
27 replies

Dec 31, 2019 7:35 PM in response to Jarmurmursz

Oh yeah and here’s the reply I got straight from Apple’s legal department:


Hi 


Thank you for replying.


I would like to confirm one more thing. Can we use the emojis from Final Cut Pro directly in our music videos which will be monetized?


here’s what they said:


Hi Roberto,


Thank you for your inquiry. Requests to use Apple’s copyrighted emojis are reviewed on a case-by-case basis by the appropriate teams at Apple Inc. After careful consideration, your request has been declined.


We wish you well, and we thank you for your consideration in contacting us.


Best regards,


Rights and Permissions Team

Apple Inc. - IP & Licensing

permissions@apple.com


REF:ks


what do we make out of that LOL


🤷🏻‍♂️


Dec 31, 2019 5:49 PM in response to fox_m

Ok Less....


I kept the emojis the way they are from Apple and gave them credit burned in the credits of the film at the end.


Spoke to other people and read some articles and it’s too much of a grey zone. One guy said Apple does own the emoji set but they haven’t gone after anyone for using them in their content which is what I am doing.


https://www.google.ca/amp/s/amp.reddit.com/r/youtube/comments/46huwb/can_you_use_emojis_in_your_videos/


I even spoke to the guy at bretfx and he doesn’t even know where his own emojis come from, as I think he mentioned they are the ones of the OS which comes down to the same issue.


https://www.bretfx.com/text-message-2-tutorial/


the only way to abide strictly to this problem is to buy them completely out of any OS’s ownership and key frame them in next to my texts in Final Cut Pro... if I ever get flagged that’s what I will do.


thanks so much for your help Less .... I appreciate it !


bob


Jan 1, 2020 5:43 PM in response to fox_m

Nice font Less!


You know if you go after them it could be an open and shut case. My lawyer told me, in today’s world, corps are hiring people just to scrutinize the web for all sorts of infringements from logos to emojis to music and video and images etc....


I understand the drollery of the emojis infringement mystery! But for me there is light at the end of the tunnel...


i have downloaded an app from the App Store called Emoji Crack from piZap. It has nice aminos that will do the trick.


piZap gave me the permission to use them so long as I credit him in the films credits. In his email he clearly stipulates that I can use the emojis that I create with piZap applications in my monetized YouTube video and I’m allowed to sell it on amazon.


so now I’ve got it in black and white so if there is something I at least have something to show in my défense!


later Less....


thanks for everything

Dec 30, 2019 10:47 PM in response to Jarmurmursz

Keep at it then!



The Copyright for your video should always be at the beginning or end credits of your video:


©year by Your Name (or Your Company Name [or both])


for example:

©2019 by F•X Mahoney | Sight-Creations (my d.b.a.) — it only needs to appear once and it doesn't have to be on the screen long (mine are usually about 1 second). It's just a "tag". It needs to be IN your video.



😎 I don't see the same problem you do. I'm saying: Go for it. Apple's EULAs are almost all the same from Apple Loops, Jam Packs, Motion Templates, everything I've seen (and again — I cannot find anything about the use of emoji on Apple's site anywhere.) As far as I know: Apple doesn't go after its users. Period. As an argument in your defense (for using them in your video): Emoji, on Apple machines, are provided as a Typeface with a specific "character set". Typefaces are not copyright. Anyone can make a Typeface of any "font family" ever made. I used to do this back in the 80's and 90's. As long as the artwork is your own*, the generated typeface is your property. That accounts for typefaces by Adobe, ITC, and many other font foundries copying each other (every foundry has a Garamond, Futura, etc...). The letterforms themselves cannot be copyrighted. If Emoji are provided as a font, then they are letterforms. They are in common use with specific meaning. Even the "pile of poop" (💩). Now if you were to just copy the emoji characters from Apple Color Emojis and build your own font — and sell it as your own — then you'd be in a heap of trouble.



Also, I hardly think Apple would have put this up:

https://support.apple.com/en-us/HT207861

If they didn't want you to use them in your videos.



And you may find some comfort with this article:

http://ideas.dissolve.com/tips/how-to-get-emojis-in-your-projects

there's a section on "Do you need to license emoji."



*By artwork, fonts are created with "vector" shapes. There is an infinite variety of ways in which the outlines of character shapes can be created. It's like fingerprints. As long as you manually create the shapes yourself — even if it's a dead ringer for another person's font, it's your artwork and you have those rights of ownership. But you cannot copyright the actual forms of the letters if you understand the distinction. You cannot copyright the letter 'i' in such and such a font, but you can copyright WHAT you did to create that letter i.




Dec 4, 2019 8:43 AM in response to Jarmurmursz

Apple’s specific emojis are copyrighted in most of the world.


That being said, in the US at least, “Fair Use” clauses in the copyright law allow for certain uses. For example using it in educational material for a not-for-profit school would be OK, using it for critique would be OK, but using it as your company logo or in company marketing would not be okay.


For more information, look into the laws of your country.


Of note, open-source emoji exist, some of which look very similar to Apple’s

Dec 31, 2019 8:17 PM in response to Jarmurmursz

I'm really sorry to hear that and I apologize for leading you on. This really surprises me. It sounds like a "blanket" response and they didn't really review anything. Everybody else in the world will use them without thinking about it (****, some people don't write in anything BUT emoji), but since *you* asked, they got to send you their pre-packaged response letter. (And now you have to comply.) Now, I think, I'd really like to see somebody take this issue to the Supreme Court. I'm now very interested in what their response would be.

Jan 1, 2020 1:01 PM in response to fox_m


I wish people would stop using textbook answers. I’m looking for an answer along the lines of:


yes you are allowed to use our generated emojis in your videos and you are allowed to publish them on YouTube and amazon for monetizations and Commercial use!!!!


now is that so difficult !!!!!!!!!!!!!!!!!!!!!!


Im really angry with mush mash of emojis .....



[Edited by Moderator]

Jan 1, 2020 6:40 PM in response to Jarmurmursz

The really weird thing about *that* font — I didn't think anything would ever come of it. It's butt-ugly. It was just "practice", but I put it up because it was really different than anything else (at the time). It got "picked up" by a contributor to MacWorld magazine and all of a sudden... it was "legitimized" ("Cheap Laser Fonts" http://fxmahoney.com/resume/macworld1087p87p89.png). If you look around, you can find a lot of knockoffs... Sometimes I just don't "get" what some people are going to like... Maybe you can imagine, how stunned I was to see it on TV!


Now if you read that article, there is mention of two fonts I made back then: Calligraphic and Times Fractions. They were shareware, so I'm not sure if that made them commercial or not (shareware is based on contributions to basically "keep up the good work" and not so much a purchase of a product). Anyway, those fonts were "resident" inside the printer. My fonts basically rearranged some of the letters to create a different effect. I didn't explicitly "copy" the character "programming" (PostScript). The software I used allowed for "composite characters". Copyright infringement? Possibly. But they only had value to those individuals who had access to the specific hardware (LaserWriter/LaserWriter Plus); everybody know which fonts they actually were; etc... I never heard anything from anyone about it — and it was published right there in black and white for everyone to read. Of course the 1980's were the "wild west" where computers and software were concerned. Sometimes it seems like it's a new world every day... and it just keeps getting more complicated.



Emoji Crack looks like a decent app!


... and basically what I said: put the credits in the video! [It should have been enough for whatever emoji you used.]


At least you are conscientious enough to go through the trouble! 99.9% of the world wouldn't even bother.


Good luck with your videos! Knock 'em dead! (I'm gettin' old... I don't even know if you can say that anymore... LOL)

Jan 1, 2020 9:47 PM in response to fox_m

Yeah I hear ya I think we’ve both been through a lot in the computer game since the 80’s or before,,,, I remember starting out on a comador 64 with basic programming language and then moving up to C and C++ and oooooffff so many others.


if you’d like hit me up at:


mynewemail@bell.net


so I can have your email so

when my video gets publicized I will give you the Youtube link ..... LOL


Nice chatting with you Less


oh and happy new year.... 2020... wish you the best start of a new decade and beyond !


roberto

Jan 1, 2020 11:04 PM in response to Jarmurmursz

You're dating yourself...LOL. Me too. I started with a Timex/Sinclair 1000; BASIC, machine language !!!! (I absolutely LOVED the z80). When IBM went with the Intel 8088 (what an mediocre chip!) I went to Apple IIe. Also BASIC and machine language. When the Mac came around - BASIC and Pascal, then C... I never could stand C++. To this day I think it was junk. I had already "invented" my own object oriented programming inside C. I could also use it to write Assembly language (I was writing low level "drivers" for MIDI applications.) Then the internet went public and I switched over to Java (first!) then Javascript, then PHP... That's about where I stopped, although I did pull off an adaptation of a Perl script once. I wish I could bring myself to spend some time with ObjC... I have a couple of things I'd really love to have for Motion, but I just cannot bring myself to dive in. It's worse (to me) than C++.


I'll drop you a line — I'd like to see what your video is about.


Happy New Year! Thanks for the wish — may you have the same!


Fox

Dec 4, 2019 1:27 AM in response to Jarmurmursz

Emojis are provided by Apple, Inc., and they are part of the Unicode Character set. They're kind of universal. If there were an issue with transfering them from one device to another - I'm sure Apple would have slapped some kind of DRM on them. I certainly don't believe or expect than any specific company can "own them". Also, Apple's general usage policies usually run in the vein: you can use their provided material on any devices you own. I don't think you have much to worry about.


HTH

Dec 4, 2019 12:59 AM in response to fox_m

Hi Fox_m,


thanks for replying.....


yes I understand that FCP has Emojis I can choose from.


But I created a clip from the Texting Story app on my iPhone. So basically I selected the emojis within that app through Apple’s keyboard ON MY IPHONE.


Now, having said this, doesn’t the Texting Story app need a license to those emojis if it wants to allow users to use them in its app?


So then I imported the clip made on my phone into FCP.


Am I still allowed to show those very emojis that were created on my phone in texting story?


Thats my question.


I contacted Texting Story and they weren’t sure so they asked me to contact Apple directly!


thanks for your help


roberto

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Are we allowed to use some emojis that were inserted in an app from Apple’s iPhone keyboard and import the result into Final Cut Pro adding other effects to the footage and posting it on YouTube?

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