Monetising the reviewing/reaction of copyrighted content

DefineKristian

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There's many a YouTube channels and content that are effectively reaction and reviews of other YouTube videos, which themselves are copyrighted content. Yet the reviewer/reactor is monetising their video.

For 2 examples. The Charismatic Voice. Reacting here to the sound of silence by Disturbed.
And another example is channel Flavour watching and reacting to each full episode of Channel 4s The Inbetweeners

I struggle to understand Fair Use in these regards and how it applies. Yes they are derivative works, and are subject to review or criticism.

If say, I wanted to - for example to review/react to entire 7 seasons of Star Trek The Next Generation uploading each episode with my mug in the corner talking over the episode reacting to the plot development or theatric hand gestures. Cannot imagine Paramount would be non to happy. Especially if I added monetisation and ads on the video. But is this actually allowed with copyright strike violation?

An in YouTube video, say a video that YouTube sells like a movie / TV show - doing a reacting watch along. I'm baffled, is this allowed?

Surely YouTubes system would detect it's original copyright, inform the holder and say hey, this person is using your content do you want to raise a content Id or copyright strike against them. Though an automated process these days.

Where is the line?
 

Nicekid76

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how do you know if they are monetizing the video? If the video is copyright claimed the ads would be placed on it by the original content creator of the video being reacted to. Also, youtube mentioned recently that they will run ads on what ever video they want even if it's not monetized.
Soo how do you know they youtuber is monetizing it? Do they mention it in their videos? most reaction channel don't get any ad revenue but instead rely on platforms like pateron to make money.


[Note] - just adding this line to the middle of this post. I see and understand your train of thought. I believe you are from England according to your other post. Not sure how copyrights and stuff works over there but below I'm trying to explain my understanding of copyright law in the USA which I believe all youtube content follows


next in terms of if paramount likes it, that's absolutely irrelevant in terms of whether or not it's fair use.

also the first person is pausing the video from time to time which sorta "helps" prove it's a commentary piece and not a "market substitute" as the Normies would say. Someone willing to listen to the song. Actually the first person has a lot a lot a lot of commentary that is pretty interesting even as someone who wasn't looking for this content.
I didn't watch much of the 2nd person, but I'm sure they also have great commentary in it too.


some media lawyers on YouTube have spoken about this, technically until you go to court you won't know if something is 100% fair use. That being said, from the snippets I saw from both videos you shared, it looks like fair us (though I would probably only use 50% of the video to avoid being a market substitute).

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I am
NOT a lawyer. This is NOT legal advice
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JayZippo

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I try not to understand. I know Twitch is going through some issues with this too. A 20 second clip of someones music and they are hit with a DMCA or whatever it is called.

Me personally only had this happen a few times in the pat 10 years. I made a 50th wedding anniversary video for my brother in laws mother and father. It had a some playing in the background during an interview. A week later after posting it, I got a notice stating this video was hit, and if it ever was monetized, the money would be give to such and such (I maybe a little off with the exacts, its been a while).

I was like sure, this will get 30 views in 10 years, go for it you asshats. lol
 

DefineKristian

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Thank you for taking the time to reply.
It's much appreciated. My friend and I are looking to create a series where we review / critique one episode of each series of a number of shows. Since talking about doing so. Where the line is drawn is concerning from a content creator perspective and also to respect the original content.