Copyright Question? READ HERE

[portiz]

I think you are referring to RayWilliamJohnston, and he doesn'r get copyrighted 1) Cause he is with a network and 2) Because he will have to ask the uploader for permission anyway, so he always has a case.

yeah that guy....so been a partner gives you the right to make videos with somebody else videos?.. also i dont believe he contact all the owners of the videos he uses.. and he is not the only one there a bunch of people doing the samething.. and i always askthe same wuestion myself.. because i seen to many thread about if your not the owner of the video dont use it. but still to many people uses tihers peoples video so thats what i dont understand..

 

[ThioJoe]

No, Fair Use means yes, that you can use copyrighted materials, but not to earn money without permission.

See, you are wrong. Go to the wikipedia page for Fair Use and look at the first section titled "Fair use under United States law". You will see the criteria used to determine whether something is fair use or not. You will see that whether it is used for commercial purposes or not is part of the criteria, but it does not alone determine whether it is fair use. Also, just because you are not making money off of something DOES NOT mean it is fair use!

 

[GafferGames]

yeah that guy....so been a partner gives you the right to make videos with somebody else videos?.. also i dont believe he contact all the owners of the videos he uses.. and he is not the only one there a bunch of people doing the samething.. and i always askthe same wuestion myself.. because i seen to many thread about if your not the owner of the video dont use it. but still to many people uses tihers peoples video so thats what i dont understand..

I think even if he doesn't, someone does, because if neither him nor the network do, then it is illegal for them to make money off of it, so somewhere along the line someone gets permission off of the original content owner.

 

[portiz]

I think even if he doesn't, someone does, because if neither him nor the network do, then it is illegal for them to make money off of it, so somewhere along the line someone gets permission off of the original content owner.

mm ok thats a better explanation.. one more question.. so been with a network allow u to do more stuffs. if yes... like what?

 

[GafferGames]

See, you are wrong. Go to the wikipedia page for Fair Use and look at the first section titled "Fair use under United States law". You will see the criteria used to determine whether something is fair use or not. You will see that whether it is used for commercial purposes or not is part of the criteria, but it does not alone determine whether it is fair use. Also, just because you are not making money off of something DOES NOT mean it is fair use!

While this may be true, in terms of the phrase on YouTube, 99% of companies are not going to allow for someone to make money off of their product/video/service unless a) They have previously said it was okay, b) They feel that they are gaining large promotion from it or c) They are receiving some form of cut or have been asked permission, no longer including it under the Fair Use category.

 

[ThioJoe]

I think even if he doesn't, someone does, because if neither him nor the network do, then it is illegal for them to make money off of it, so somewhere along the line someone gets permission off of the original content owner.

RWJ and others are able to use video clips because they fall under fair use. Fair use protects use of copyrighted material for things like commentary, search engines, criticism, news reporting, research, teaching, library archiving and scholarship, etc. The 4th critera for fair use is whether it affects the market for the original; obviously when RWJ makes a video, the original video gets a huge number of hits, actually increasing the popularity of it. Also, he's being transformative because he commentates over the videos, and could also be considered news reporting. Also, most of his videos are not of the videos, but of him talking.

Being in a network does not magically let you use copyrighted materials. People need to realize this.

While this may be true, in terms of the phrase on YouTube, 99% of companies are not going to allow for someone to make money off of their product/video/service unless a) They have previously said it was okay, b) They feel that they are gaining large promotion from it or c) They are receiving some form of cut or have been asked permission, no longer including it under the Fair Use category.

Don't you get it, it DOESN'T MATTER what the company wants. If it's fair use, they can't do anything about it whether they like it or not.

 

[GafferGames]

mm ok thats a better explanation.. one more question.. so been with a network allow u to do more stuffs. if yes... like what?

It varies with networks, but if you partner with a network, they usually have a legal team to fight any cases that may arise, or already have the appropriate licenses.

 

[GafferGames]

RWJ and others are able to use video clips because they fall under fair use. Fair use protects use of copyrighted material for things like commentary, search engines, criticism, news reporting, research, teaching, library archiving and scholarship, etc. The 4th critera for fair use is whether it affects the market for the original; obviously when RWJ makes a video, the original video gets a huge number of hits, actually increasing the popularity of it. Also, he's being transformative because he commentates over the videos, and could also be considered news reporting. Also, most of his videos are not of the videos, but of him talking.

Being in a network does not magically let you use copyrighted materials. People need to realize this.

For that last sentence, if you mean me, then I do not think this, I understand fully that a network only stretches as far as the licenses that they have, and that it doesn't completely protect you, but it still gives you more leeway so to speak, than being independent does.

 

[unknown_user0032]

RWJ and others are able to use video clips because they fall under fair use. Fair use protects use of copyrighted material for things like commentary, search engines, criticism, news reporting, research, teaching, library archiving and scholarship, etc. The 4th critera for fair use is whether it affects the market for the original; obviously when RWJ makes a video, the original video gets a huge number of hits, actually increasing the popularity of it. Also, he's being transformative because he commentates over the videos, and could also be considered news reporting. Also, most of his videos are not of the videos, but of him talking.

Being in a network does not magically let you use copyrighted materials. People need to realize this.


Don't you get it, it DOESN'T MATTER what the company wants. If it's fair use, they can't do anything about it whether they like it or not.

RWJ has had his channel closed down multiple times for using videos he has no permission to use. But he gets away with it because he has a good solid team of lawyers backing him up and he rakes in MILLIONS for YouTube. It's who you know, after all...

 

[ThioJoe]

It varies with networks, but if you partner with a network, they usually have a legal team to fight any cases that may arise, or already have the appropriate licenses.

Unless you're making your network many thousands of dollars, they are not going to help you in court... That I can tell you. They can offer advice, and if you were wrongly given a content ID match or something like that they can help. Lawyers cost hundreds of dollars an hour.