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I Love YTtalk
Okay folks, this is long but I know it'll be of use to many out there so here it is. Topics are in pink so find the one relevant to you. That big fat bit in red? READ IT.
There have been an increasing number of copyright related questions popping up lately, so I'm going to simplify a few things in this thread. I've worked in law for a number of years and it worries me how few people are aware of what is and is not okay on YouTube despite it being readily available information.
Different laws apply in different countries but since Google/YouTube are American companies, you can assume that American laws apply for the most part, as they tend to block content that is against copyright laws (or other relevant media laws) in other countries anyhow.
Right, so... firstly I am gonna simplify something that gets misconstrued CONSTANTLY real quick:
Right with that out of the way let's get on with things:
VISUALS - VIDEO CLIPS/FOOTAGE/ANIMATION/ETC (NOT VIDEO GAME)
Unless your vlog contains footage you created entirely by yourself you MUST either have express written permission from the creator, the footage must be under a Creative Commons licence, or you must have a licence to reproduce the footage. This goes for monetised and non-monetised.
If you found the footage on YouTube this does NOT automatically make it a CC video. To find out if it is CC, check the description, it'll tell you. If it says 'standard youtube licence', you need to contact the owner of the video before you use it. They can make a copyright claim against you if you don't.
MUSIC - SOUND FX/SONGS/BACKING MUSIC/ETC (NOT IN-GAME MUSIC)
No, you can't use your favourite Lady Gaga or Beatles song. Whether you're earning money or not, this stuff is owned by someone else and unless you have the permission, or a licence, to use it you simply shouldn't use it.
In the US (note: not the UK/Europe, you can't even use a second of music), there is a law that allows for 30 seconds of 'fair use' on a song or piece of music. HOWEVER, this does not apply to YouTube videos or PodCasts or any kind of publishable forms of media. End of story. On YouTube for the most part you'll simply get a content ID match, but many people lately are finding they are getting slapped with big fat copyright strikes. This applies to things like powerpoint presentations or a home movie that you'll be showcasing to your mates or something. Basically, putting it on the internet removes all forms of fair use and becomes copyright infringement.
Usually, a non-monetised video will just get a content match, and the owner will simply make money off the video until or unless it's removed. If you monetise and you're not with a network that owns the relevant licence, you'll get a strike, and you could get booted off your network.
VIDEO GAME FOOTAGE AND VIDEO GAME MUSIC
Video games have been a grey area in law for as long as they've been around. Ask any copyright lawyer and he won't really be able to tell you the laws on this one without looking it up.
However, the 'fair use' things still applies. If it ain't yours, you don't own it and can't cry 'fair use' when Ubisoft slap you with a strike for uploading Far Cry 3 footage. Partners get away with this because usually their network will own the licences to allow for it.
Indie game developers are usually happy for their work to be published, and monetised. This is fair use! So if you get slapped with a strike, you'd have a case against it.
Now, video game music. If you play Super Mario, and the music in the background is on, this is okay. This is 'video game music'.
However, if you're playing FIFA, you must turn the music off because this is not classed as video game music. This is copyrighted music within a video game. It's confusing yes but not rocketscience.
And finally...
FANCY WRITTEN PARAGRAPHS DO NOT WORK
Unless they are paragraphs stating that you have permission to use the content, and provide relevant links, writing 'no infringement intended' or crying 'fair use' because you're not earning money, or you found it 'on the internet' does not work.
People used to simply write 'I found this on Google images. Copyright of the owner. All rights reserved. No infrginement intended.'
That's about as good as saying 'I stole this loaf of bread but it's okay I was hungry.'
To finish, copyright law is no joke, and these days people are claiming and sueing more and more people due to the big bucks they're making out of it. Do your reading, and if you're not sure, simply don't use the content.
Hopefully this helps. If anyone has a question, just send them here!
There have been an increasing number of copyright related questions popping up lately, so I'm going to simplify a few things in this thread. I've worked in law for a number of years and it worries me how few people are aware of what is and is not okay on YouTube despite it being readily available information.
Different laws apply in different countries but since Google/YouTube are American companies, you can assume that American laws apply for the most part, as they tend to block content that is against copyright laws (or other relevant media laws) in other countries anyhow.
Right, so... firstly I am gonna simplify something that gets misconstrued CONSTANTLY real quick:
THERE IS NO SUCH THING AS 'FAIR USE' WHEN IT COMES TO COPYRIGHTED MATERIAL UNLESS YOU HAVE PERMISSION TO USE THAT MATERIAL. AT ALL.
FAIR USE SIMPLY MEANS THAT IF THE OWNER IS OKAY FOR YOU TO USE IT PUBLICLY, YOU CAN DO SO PROVIDING YOU ARE NOT EARNING MONEY (AGAIN, UNLESS THEY ALLOW IT, LIKE MOJANG DO WITH MINECRAFT VIDEOS)
GET OVER IT, AND USE YOUR OWN MATERIAL. THERE IS, QUITE SIMPLY, NO WAY AROUND THIS WITHOUT A LOT OF MONEY OR A DAMN GOOD LAWYER.
Right with that out of the way let's get on with things:
VISUALS - VIDEO CLIPS/FOOTAGE/ANIMATION/ETC (NOT VIDEO GAME)
Unless your vlog contains footage you created entirely by yourself you MUST either have express written permission from the creator, the footage must be under a Creative Commons licence, or you must have a licence to reproduce the footage. This goes for monetised and non-monetised.
If you found the footage on YouTube this does NOT automatically make it a CC video. To find out if it is CC, check the description, it'll tell you. If it says 'standard youtube licence', you need to contact the owner of the video before you use it. They can make a copyright claim against you if you don't.
MUSIC - SOUND FX/SONGS/BACKING MUSIC/ETC (NOT IN-GAME MUSIC)
No, you can't use your favourite Lady Gaga or Beatles song. Whether you're earning money or not, this stuff is owned by someone else and unless you have the permission, or a licence, to use it you simply shouldn't use it.
In the US (note: not the UK/Europe, you can't even use a second of music), there is a law that allows for 30 seconds of 'fair use' on a song or piece of music. HOWEVER, this does not apply to YouTube videos or PodCasts or any kind of publishable forms of media. End of story. On YouTube for the most part you'll simply get a content ID match, but many people lately are finding they are getting slapped with big fat copyright strikes. This applies to things like powerpoint presentations or a home movie that you'll be showcasing to your mates or something. Basically, putting it on the internet removes all forms of fair use and becomes copyright infringement.
Usually, a non-monetised video will just get a content match, and the owner will simply make money off the video until or unless it's removed. If you monetise and you're not with a network that owns the relevant licence, you'll get a strike, and you could get booted off your network.
VIDEO GAME FOOTAGE AND VIDEO GAME MUSIC
Video games have been a grey area in law for as long as they've been around. Ask any copyright lawyer and he won't really be able to tell you the laws on this one without looking it up.
However, the 'fair use' things still applies. If it ain't yours, you don't own it and can't cry 'fair use' when Ubisoft slap you with a strike for uploading Far Cry 3 footage. Partners get away with this because usually their network will own the licences to allow for it.
Indie game developers are usually happy for their work to be published, and monetised. This is fair use! So if you get slapped with a strike, you'd have a case against it.
Now, video game music. If you play Super Mario, and the music in the background is on, this is okay. This is 'video game music'.
However, if you're playing FIFA, you must turn the music off because this is not classed as video game music. This is copyrighted music within a video game. It's confusing yes but not rocketscience.
And finally...
FANCY WRITTEN PARAGRAPHS DO NOT WORK
Unless they are paragraphs stating that you have permission to use the content, and provide relevant links, writing 'no infringement intended' or crying 'fair use' because you're not earning money, or you found it 'on the internet' does not work.
People used to simply write 'I found this on Google images. Copyright of the owner. All rights reserved. No infrginement intended.'
That's about as good as saying 'I stole this loaf of bread but it's okay I was hungry.'
To finish, copyright law is no joke, and these days people are claiming and sueing more and more people due to the big bucks they're making out of it. Do your reading, and if you're not sure, simply don't use the content.
Hopefully this helps. If anyone has a question, just send them here!
