Educational channel and what is usable under fair use

Newusaa

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I read for about an hour on this and I just can’t figure it out so thought I’d post here.

i have an educational channel. I recently wanted to do a YouTube video discussing a tv show, but I have no idea if I can legally show copyrighted video of the tv show during my discussion. I know teachers in a classroom can show movies, so they seem to be able to do it. Schools/universities seem to be “commercial” to me in that folks are making money. My channel is educational as well, and does have a commercial component.

So, can I have a discussion about “Seinfeld” for example, and show Seinfeld clips in the video. Any info on this matter would be greatly appreciated.
 

Shakycow

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Unfortunately, only a court can decide if how you’re using something is fair use or not. The best you can do before then is read the 4 criteria and decide if you fall within it.

With a show like Seinfeld, understand that Content ID (YouTube’s automated detector) will likely pick up on any clip you use and instantly flag your video. From there, it’ll be an uphill battle with YouTube, NBC, and whoever else may own the rights.

If you’re certain you’re using it in what would be considered a legal, fair use, manner, you could risk it, but realize that it also may entail a long and expensive through the court systems.
 
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Newusaa

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Unfortunately, only a court can decide if how you’re using something is fair use or not. The best you can do before then is read the 4 criteria and decide if you fall within it.

With a show like Seinfeld, understand that Content ID (YouTube’s automated detector) will likely pick up on any clip you use and instantly flag your video. From there, it’ll be an uphill battle with YouTube, NBC, and whoever else may own the rights.

If you’re certain you’re using it in what would be considered a legal, fair use, manner, you could risk it, but realize that it also may entail a long and expensive through the court systems.
Thank you. Well, that makes sense, and no wonder my research on the topic wasn’t turning up anything conclusive.
 

kevinboston7

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Unfortunately, only a court can decide if how you’re using something is fair use or not. The best you can do before then is read the 4 criteria and decide if you fall within it.

With a show like Seinfeld, understand that Content ID (YouTube’s automated detector) will likely pick up on any clip you use and instantly flag your video. From there, it’ll be an uphill battle with YouTube, NBC, and whoever else may own the rights.

If you’re certain you’re using it in what would be considered a legal, fair use, manner, you could risk it, but realize that it also may entail a long and expensive through the court systems.
I was kind of wondering this to RC videos all the time on YouTube of people doing things with popular songs like today I seen a video of a guy who put a sound in the middle of the music video for its everyday bro now that song and the video rights are owned by Jake Paul so how can someone else take that video and put a sound on it and upload it without getting a copyright if you change something does it make it your original material does it file under fair use if you're changing something changing parts of the video
 

Newusaa

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I am about as confused as I was when I started reading about the entire process.

I found a YouTube video titled “How I Use Movie Clips in my Videos with Fair Use”
to be pretty good and consistent with what I’ve read. I’m going to follow her guidelines and see how it goes.[DOUBLEPOST=1519086628,1519082071][/DOUBLEPOST]I spent time making the video, uploaded it and got a copyright claim and it was blocked. I didn't even publish it.

I don't get it. Educational video, I don't have a big audience, I am not using it excessively or attempting to sell it. It clearly seems it was well within Fair Use to me, but when the bots get involved how would you get around that?

I suppose I will just stop doing it, which seems to be a form of limiting free speech to me, but oh well.
 

Shakycow

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I spent time making the video, uploaded it and got a copyright claim and it was blocked. I didn't even publish it.

I don't get it. Educational video, I don't have a big audience, I am not using it excessively or attempting to sell it. It clearly seems it was well within Fair Use to me, but when the bots get involved how would you get around that?
As I wrote earlier...

With a show like Seinfeld, understand that Content ID (YouTube’s automated detector) will likely pick up on any clip you use and instantly flag your video. From there, it’ll be an uphill battle with YouTube, NBC, and whoever else may own the rights.


If you’re certain you’re using it in what would be considered a legal, fair use, manner, you could risk it, but realize that it also may entail a long and expensive through the court systems.


Content ID scans when something is uploaded. It doesn't matter if it's monetized or not, public or private, it will be scanned... and periodically scanned every so often from that point forward as Content ID grows.

If you're certain that your use would be considered 'Fair Use,' you could appeal their claim, but understand that it could be a very long (and costly) battle to prove so.

As far as doing something to "get around" the bots? You don't.