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Had my video used in another creators video

Discussion in 'YouTube Chat, Gossip & Help' started by BrettMikaluk, Feb 12, 2018.

  1. BrettMikaluk
    Uniquely Awesome Since 1997
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    I uploaded a "review" of the new Star Wars movie in December, and another creator used it among others in their own video to counter argue my position on the movie!

    I thought it was really cool actually to see another creator use my content!
     
    sirbestow likes this.
  2. Xynudu
    Posting Mad!
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    If they asked permission to use your content, then that is cool. If they didn't then it's copyright infringement and you would be entitled to have the video taken down.

    That may sound harsh to you, but if like myself and many others you have videos used without permission, you will not be so happy.

    The so called "fair use" provision waved in the face of content originators is a crock of sh#t legally in any country outside of the USA (where it is very wobbly anyway).

    So I think you should at least challenge the guy to set the scene on this type of action.

    Cheers Rob

    .
     
    sirbestow likes this.
  3. George Hudson
    YTtalk Mad
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    Well done man, if your happy with it I don't see to much of a problem with it. It helps you get exposure to a wider audience. From watching that vid they may have come over to your channel to see what it is all about. This could mean you gain a subscriber... So all in all. Congrats!
     
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  4. BrettMikaluk
    Uniquely Awesome Since 1997
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    Totally fair argument, I think because he used so many other creators videos in addition to mine, that it's not really worth the effort. I also don't want to have another persons video removed after they put so much effort into it. I may ask that he link to me and the other creators he used content from though!

    Yea I was pretty excited! and he has a lot of traffic to that video so that's pretty cool!
     
    George Hudson likes this.
  5. Xaenca
    Loving YTtalk
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    Wouldn't "fair use" be a legitimate argument to this if used to rebuttal the points made in the original video? This is done all the time. Cause technically it would fall under a reaction video if someone shows footage, responds to it, shows footage, responds to it, so on so forth.

    The most notable and recent case of this is where Ethan and Hila Klein were sued for their reaction video of a Hossenzaideh video. These were the statements of the judge in that court battle

    ""Any review of the Klein video leaves no doubt that it constitutes critical commentary of the Hoss video," Forrest's decision reads. "There is also no doubt that the Klein video is decidedly not a market substitute for the Hoss video. For these and the other reasons set forth below, defendants’ use of clips from the Hoss video constitutes fair use as a matter of law."

    The most notable part to take from that is "constitutes critical commentary". So if the creator used OP's footage to critique it, which it sounds like he did since he used it to "disagree" with OP, it's "fair use".

    I'm not a lawyer however, just using the information available to me to assess the situation.
     
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  6. Iain
    Active Member
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    Whilst it may be courteous to ask before using, this does seem to fall into the Fair Use category as, as @Xaenca points out, it offers a critique of @BrettMikaluk's video.

    There doesn't seem to be any "Passing Off" taking place, it's not trying to post the video and claim credit for it - it's saying "here's another point of view, and this is why I disagree". It's being used in a derivative work, and in a fairly minor way.

    That being said, I think Brett's suggestion of asking to be linked is a good one, and it creates a win-win situation for both creators. :)
     
    #6 Iain, Feb 14, 2018
    Last edited: Feb 15, 2018
    Elina Elita and BrettMikaluk like this.
  7. zhkopec
    I've Got It
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    I was gonna post a diatribe, but I found you've already been corrected. lol

    I'm almost compelled to use clips of your vids in my next one now.
     
  8. Xynudu
    Posting Mad!
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    It's common decency to at least ask a person for permission to use their material. I wouldn't dream of doing otherwise.

    Anyone that has ever been burned on this will understand exactly where I am coming from. Creators feel strongly about this, even to the point where I machined up a metal object that bore a similarity to one designed by another channel, and the guy challenged me for a link back to his channel. Fair comment and I had no qualms with doing that.

    As I pointed out, the "Fair Use" aspect is wobbly to the point of going to court as quoted above. Also it is a USA answer to copyright infringement.

    I thought that this was a discussion forum where various aspects could be commented on without retribution in an adult fashion. The previous poster seems to have difficulty with that.

    In the case of my channel I have addressed copyright infringement through YT on several occasions and in each case YT agreed with me.

    However, if a request was made to use a video or web photo I would normally be pleased to do so. As I said at he beginning, it's common decency to respect other persons property, whatever it may be. Whether you include a link back or aknowledgment is a minor point.

    Cheers Rob
     
  9. zhkopec
    I've Got It
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    Does that mean it's only an adult discussion when people agree with you?

    OP was clearly happy that he had his clip used and your recommendation was to report him for copyright. Clearly the guy didn't re-upload his whole video.

    Let me ask you something, can I use a clip that someone says "no" to? What about to debate a point? The news? Fair use is there to help creators more than hurt them.
     
  10. Xynudu
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    Where did I say he should report the guy for copyright infringement ?
     

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