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

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Question marked as Top-ranking reply

Posted on Dec 30, 2019 10:47 PM

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.




27 replies
Question marked as Top-ranking reply

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 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 30, 2019 4:23 PM in response to Jarmurmursz

In case you are all wondering what the 100% correct answer is to my emoji question after consulting a lawyer on the subject, well here it is:


The moment you are using the apple emoji set in a video where the emojis may appear in and that you may be making money off your video, YOU ARE NOT ALLOWED TO USE APPLE’S EMOJI SET!


so since my Youtube video will be monetized and available on Amazon.... well then I am forced to buy a third party emoji set and integrate it in my video which will cause great difficulty!


Happy Apple ?


I don’t find this is right in Apple’s part as I am using there hardware, OS, apps etc.... the least Apple can do is allow us to use the emoji set!!! They allow us to use the textual font so why not the emojis.... there is trademark in text just as mush as emojis so why the heck are they putting us through this 😡....


Funny world we live in!!!


Have a great evening ye all.... 🙄

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 4, 2019 3:48 PM in response to Jarmurmursz

https://fullscreen.com/2016/09/12/emojis-on-youtube/


If you use Apple Emoji, I'm relatively sure (99%) that their licensing will be the same as the custom content that comes with FCPX, Motion, iMovie (Titles, Generators and Transitions) as well as the Apple Loops the come with Logic, etc...


In general, for YouTube monetized videos: **Be Professional**. Credit all content not your own. Stick a © by YOU *IN* the video. If there are any questions that arise, YouTube is off the hook and more likely to support you than any claimant that might be trying to cause trouble. So, credit line: Emoji by Apple, Inc. or Emoji courtesy of Apple, Inc.

(You can't get away with putting credit and copyright information in the video description — it has to be burned in the video.)

Dec 30, 2019 7:22 PM in response to Jarmurmursz

Part 2:


Now I said I've had some experience with this, specifically with YouTube. You wouldn't believe some of the cr** I've had to deal with. There was one guy: he published his video with an Apple Loop. Must have been the first one to do so. HE violated the user agreement (the Apple Loop was unaltered and whole in his video... the EULA fine print says: that's not allowed). He tried to claim I was violating HIS copyright! (Apple didn't even come into it — they definitely never went after this jacka$$.) Well back in those days I made mistakes, the most glaring one was, like "everybody else" I didn't want to "mark up" my videos with credits. I was an idiot. Credits are the professional thing to do — and now, even if I don't have to, I still credit everything.



I've had EMI, BMI and Sony (at various times) go after me for MIDI sequences that I "voiced" in Logic and they would claim I was using actual recordings that belonged to them. I find it somewhat complementary that they would think that my little MIDI sequences were a copyright infringement, but then I found out one other time, when I used an OPEN SOURCE piece that they were going to try and come after me anyway!!! For something that was not possibly theirs. The Recording Industry is the WORST about going after people for copyright. These are the guys you most need to worry about.



Then there are those I've actually won. Credits were the reason. This was one of them:


https://youtu.be/WNtyb_muGbc


Clearly credits the author, performer and source(s) of recording. The claimant ("TuneCore") backed off. (Most of these guys are just being schmucks.)



Anywho... FWIW...



Bottom line, if you accidentally step in it... you generally are given an out before any actual legal action is taken, especially as a YouTube user. I expect Amazon will be similar or they will take YouTube's position for the content. Have a backup plan. Tell your lawyer to take a hike (nicely... just in case you need him... LOLOL. ← do I need a license for this? Do I need a license for the arrow??)



Give me a break. 🖖🏻 LLAP.


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 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

Dec 4, 2019 4:04 PM in response to fox_m

If you use Apple Emoji, I'm relatively sure (99%) that their licensing will be the same as the custom content that comes with FCPX, Motion, iMovie (Titles, Generators and Transitions) as well as the Apple Loops the come with Logic, etc...


99% isn’t good enough I need to know:


And I will repeat:

i take an emojis from an app on my iPhone to do a text story. In the text story I use some emojis FROM Apple’s keyboard. I export the footage in my phones library. I then import the footage in Final Cut Pro.


Can I upload the Finished Final Cut Pro content with the imported clip to YouTube and monetize it.


its a clear YES OR NO!please if Apple legal department sees this question can you please give me a YES OR A NO.


the rest about the credits part is a different question.


PLEASE YES OR NO!!!!!!!!


thank you all

Dec 30, 2019 8:51 PM in response to fox_m

Hi Less,


you seem to have a lot more experience than I do in this stuff.... a lot of what you say seems correct ....


THE ONLY THING THAT BOTHERS ME is....

what if I leave the emojis in and after 3 months I get 50 K views and a couple of hundred comments/likes and I am asked to pull it down.... I loose all that 😟


it doesn’t bother to take my video down and replace the emojis with a commercial set and put it back up again but then I am starting back at 0 views/likes....


thats the only thing that really bothers me 🤷🏻‍♂️


jeeez Im undecided

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.

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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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