Advice on legal use of tv shows and movies

KatyAdelson said:
Either embrace the idea that using someone else's footage will mean that the other person will get paid for you to use their work, or create your own work to use instead. Please do not discuss ways to avoid getting flagged by the Content ID system, as that is against the rules here at YTtalk...
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Sure thing! I never meant to use things illegally, I just wanted to make sure what is and what is not, since I see tons of movie reviews which made me think there are proper ways of using movie clips or screenshots. I think I'll be stuck with avoiding them :(
 
PoochMx said:
Sure thing! I never meant to use things illegally, I just wanted to make sure what is and what is not, since I see tons of movie reviews which made me think there are proper ways of using movie clips or screenshots. I think I'll be stuck with avoiding them :(
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Sadly, there are two things at play here- both copyright law and Content ID.

Your use of their content may fall under fair use, but it would be up to a court to decide that...and, most importantly, would you be willing to hire a lawyer and go to trial over a video knowing that, if you were to lose, you would be forced to not only pay damages, but also for their lawyer and all court fees?

Secondly, Content ID is automatic and it happens as soon as you upload your video (doesn’t matter if it’s public or not)...and, because it’s automated, it doesn’t care if you’ve used the footage legally or not.

More often than not, no harm will come from Content ID...your video will show ads and they’ll collect all earnings from it, but your channel won’t have any issues and you won’t receive a strike.

That all said, stills are, by far, the safest way to go with reviews.
 
KatyAdelson said:
Trying to think of ways to avoid getting flagged by the Content ID is the same as trying to come up with ways to steal things that aren't yours, and it is against the law. Either embrace the idea that using someone else's footage will mean that the other person will get paid for you to use their work, or create your own work to use instead. Please do not discuss ways to avoid getting flagged by the Content ID system, as that is against the rules here at YTtalk...
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It's not about stealing other people's work. It's about fair use, and the abuse of it
 
Scootakip [Lana] said:
It's not about stealing other people's work. It's about fair use, and the abuse of it
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"Fair Use" is a grey area for both parties, and only a judge can really decide what is or is not fair use. However, if you are fairly certain that your video ticks all the boxes to be considered fair use, then you should feel confident about disputing the content ID claim through the YouTube system. If your claim is rejected then you can either escalate it further, or take note that whoever owns the content isn't reasonable and isn't worth your time and free promotion. Trying to use video editing to prevent the system from flagging your video because you think it is fair use isn't a good way to present your work. Many viewers can tell what's up when they see altered content, and it ends up reflecting negatively on your own channel. It's best to go through the systems in place to create a paper trail and make sure everyone involved is on the same page from the beginning.
 
Please keep in mind that disputing a Content ID claim can lead to an actual Content Strike against your channel as per YouTubes conditions

"There are a few things that the copyright owner can do after you dispute:

Release the claim: If they agree with your dispute, they can choose to release their claim. If you were previously monetising the video, your monetisation settings will be restored automatically when all claims on your video are released.
Uphold the claim: If they believe their claim is still valid, they can choose to uphold it. If you feel it was mistakenly upheld, you may be able to appeal their decision.
Take down your video: They can submit a copyright takedown request to remove your video from YouTube, which means that you'll get a copyright strike on your account."

Ultimately is it worth disputing a Content ID claim and risking a Content Strike? I don't think so.
 
Damn, it was more difficult than what I thought it would be :/ should I or a mod close this topic as my question has been answered?
 
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