How Much Copyrighted Footage Can You Use Before it Gets Claimed?

[Zach Werre]

Just curious, exactly how long can a copyrighted clip be before it get's claimed or blocked? Even if you're protected under fair use, the copyrighted footage will be detected by YouTube. I would file a counterclaim but I'm worried the video will get taken down or I'll get a strike. My workaround has been to use very small amounts of footage and so far that's been working pretty well. But does anybody know exactly how many seconds of copyrighted footage you can use before YouTube will act on it?

 

[cbpayne]

Very small amounts of footage can be claimed. Its all up to the person/company who's content you use. If they don't agree its 'fair use', then they can claim it.

YouTube do not "act on it". Its the copyright holder that acts on it.

Why not just get permission from them to use it?

 

[Shakycow]

Content ID continues to improve- and will only get better.

The simplest answer is to not use anything you don't have the written required rights to use.

 

[UhoohExtra]

It is not defined in seconds nor a percentage. Its simply down to interpretation by various country's laws, individuals. Creating your own original content is always the best way forward. You could spends editing something that gets taken down otherwise. Some think 'fair use' is a free for all.. sometimes because they are just too small a channel for anyone to notice what they are doing. But that a loose loose either way.. If no1 sees your content you loose.. if lots of people see and put in copyright claims and it gets taken down.. still loose etc.
I'd say look at what the bigger channels with similar content to your are doing and maybe work from there. But my first sentence was best answer i think.

 

[Zach Werre]

Very small amounts of footage can be claimed. Its all up to the person/company who's content you use. If they don't agree its 'fair use', then they can claim it.

YouTube do not "act on it". Its the copyright holder that acts on it.

Why not just get permission from them to use it?

I have actually but I did not get a response. Also, fair use allows someone to use copyrighted footage without the owner's permission. I would prefer not to use copyrighted footage at all but my content is based on someone else's content.

I know it's up to the copyright holder and what they want to do but I think YouTube does have a system in place to automatically detect when a video has copyrighted footage. That's great and makes sense but of course, a computer isn't going to be able to tell if a work falls under fair use.[DOUBLEPOST=1535909350,1535909159][/DOUBLEPOST]

Content ID continues to improve- and will only get better.

The simplest answer is to not use anything you don't have the written required rights to use.

That's good to hear! I wish I wouldn't have to use copyrighted footage because it would make things a lot easier. The issue is that my channel focuses on talking about someone else's content and in order to do that properly and in an engaging way I need to use copyrighted footage. If I had the resources, talent, and finances I would definitely look into producing original content.

 

[Wakanda]

I have actually but I did not get a response. Also, fair use allows someone to use copyrighted footage without the owner's permission. I would prefer not to use copyrighted footage at all but my content is based on someone else's content.

I know it's up to the copyright holder and what they want to do but I think YouTube does have a system in place to automatically detect when a video has copyrighted footage. That's great and makes sense but of course, a computer isn't going to be able to tell if a work falls under fair use.

Fair Use is in the eyes of copyright holder and a very fluid or subjective thing. So while in your mind you may think it fair,the owner may think otherwise,and may go ahead and hit your channel with a strike.

If the owner channel has Content ID, then they can flag your video automatically,otherwise they will have to manually search for it

 

[Shakycow]

I have actually but I did not get a response.

Not getting a response is the same as receiving ‘no’ as a response.

I know it's up to the copyright holder and what they want to do but I think YouTube does have a system in place to automatically detect when a video has copyrighted footage. That's great and makes sense but of course, a computer isn't going to be able to tell if a work falls under fair use.

Only a judge can decide if something falls under fair use or not. Are you that certain that you’re willing to pay a lawyer and risk going to court?

 

[UhoohExtra]

Your struggling with one i see. All work is copyright protected immediately upon creation by the originator /creator who owns that intellectual property (IP). What youtube thinks is completely insignificant and redundant as they don't control copyright law.
I think what your really asking is are there triggers to avoid to stay safe uploading to youtube. I doubt you'll find an answer to that.
The auto system you mention that is in place.. i think .. recognises footage that is already uploaded to youtube. So If your using footage from an original creator/broadcaster that has already been nicked by someone else it may pick that up.

 

[markkaz]

I understand that you're looking for a magic number (of seconds) that escape detection. Whatever it might be today might not be the same tomorrow. This is a perilous way to build a channel.

 

[Zach Werre]

I understand that you're looking for a magic number (of seconds) that escape detection. Whatever it might be today might not be the same tomorrow. This is a perilous way to build a channel.

Yeah, that's always a worry about how the system will change. I do everything I can take make it as safe as possible but at the end of the day, there's still a risk, as is with any venture. I would avoid using footage if I could but the problem is that my channel is based around talking about someone else's content. If there would be an alternative that would not devalue the content, I would definitely take it.[DOUBLEPOST=1536034327,1536033950][/DOUBLEPOST]

Your struggling with one i see. All work is copyright protected immediately upon creation by the originator /creator who owns that intellectual property (IP). What youtube thinks is completely insignificant and redundant as they don't control copyright law.
I think what your really asking is are there triggers to avoid to stay safe uploading to youtube. I doubt you'll find an answer to that.
The auto system you mention that is in place.. i think .. recognises footage that is already uploaded to youtube. So If your using footage from an original creator/broadcaster that has already been nicked by someone else it may pick that up.

That's too bad. I prefer just to avoid copyright claims altogether since it takes time and it may even hurt your channel. I had the same thought too, about recognizing footage that is already up on YouTube. I'll keep all of this in mind.[DOUBLEPOST=1536034777][/DOUBLEPOST]

Not getting a response is the same as receiving ‘no’ as a response.



Only a judge can decide if something falls under fair use or not. Are you that certain that you’re willing to pay a lawyer and risk going to court?

That's one of the unfortunate parts of fair use, there's a lot of gray area and interpretation. If there's an issue, I'll get in contact in with the copyright holder and work through it with them. My content is never made to try to steal someone else's work and I usually try to promote it and get more people interested in the copyright holders product.