Parody Is Fair Use, Satire Is Not

GeekyNet

YTtalk Mad
Joined
Jul 25, 2014
Messages
304
Reaction score
118
Location
Connecticut
Channel Type
Youtuber
We recently did a PPAP Parody. Content ID flagged it for copyright. We disputed it. After about a week, we received an email saying:
"After reviewing your dispute, Ultra Music has decided that their copyright claim is still valid."

What do you suggest GeekyNet? We are allowed to keep the video up, but they are taking all revenue. Should we appeal, or just let it go?
It's hard to fight a copyright claim with a parody if it takes a lot of the original content, but it's possible. One main key to Fair Use is making sure a small amount of your video uses a small amount of the video you take content from. For example, if I'm making a compilation video I can take 10 small clips from 10 longer videos on YouTube (perhaps each clip is 10-30 seconds from a 4-6 minute video), and that way each clip is only 10% of my video, so it makes it a lot easier to use Fair Use as a defense because I also only took a small segment of the original 10 longer videos. With parodies it's harder because so much of your video uses most of the original... so it looks a lot worse and makes it difficult to defend...It also depends how hard the other side wants to fight. I would need to know more about Ultra music.,
 
  • Like
Reactions: Chewie's Video Club

offbeatbryce

I Love YTtalk
Joined
Sep 1, 2014
Messages
1,414
Reaction score
232
Age
36
Channel Type
Other
We recently did a PPAP Parody. Content ID flagged it for copyright. We disputed it. After about a week, we received an email saying:
"After reviewing your dispute, Ultra Music has decided that their copyright claim is still valid."

What do you suggest GeekyNet? We are allowed to keep the video up, but they are taking all revenue. Should we appeal, or just let it go?
If it helps, Weird Al Yankovic hardly earns any money off his parodies because he pays the songwriters roytalies for the parodies. He probably only keeps 5.00 dollars each month from the parodies and the rest goes to the songwriters. I'm calculating that in terms of iTunes, and Amazon download purchases not streaming.

So I'd let it go and let them take the cash unless you have some way of directly talking to someone who wrote the song to see if they want you parodying it in the first place
 
  • Like
Reactions: Chewie's Video Club

offbeatbryce

I Love YTtalk
Joined
Sep 1, 2014
Messages
1,414
Reaction score
232
Age
36
Channel Type
Other
update:

Warner and Kobalt music publishing told me that they now are starting to allow people to send in lyric change requests before they upload a video. This means you can get your parody approved. The publisher has every right to approve it because they are the copyright owner and they own the song.

If you go to the copyright database it says warner and many other publishers are the copyright owners.

In rare cases I'm told that depending on the artist or songwriter affiliated with the publisher they will need to send the lyrics to them for approval.
 

angietalksalot

Well-Known Member
Joined
Jun 19, 2017
Messages
53
Reaction score
22
Channel Type
Youtuber
Thank you for the information! I'm glad you broke it down so that it was easily understandable. I've seen so many YouTubers make this mistake and then they get upset they recieved a copyright strike.
 

Lock

$$$
Joined
Feb 20, 2018
Messages
74
Reaction score
9
Location
Malaysia
Channel Type
Youtuber
@GeekyNet - I cannot imagine all these people suing you in court for 1 youtube video ..

I watched a "parody" of Titanic ...Titanic 2 - Jack's Back (2019 Trailer Remastered)
where clips from various sources were put together ,,,is that OK ? There was nothing funny in that video whatsoever but it is quite clear that the Titanic 2 movie is not going to happen ...similarly can we make fake movies of Transfomer 5 for example ??
The creator did mention the source of clips and videos though..

I also noticed quite a number of such fake upcoming trailers gained millions of views (that guy is a member of patreon where he gets extra funding for his work too)

And What about fake news ?? I am a soccer fan and some posted digitally altered images of soccer players dressed in their "rumoured" new teams...

I am just beginning in this and am careful not to offend YT in gaining their approval for monetization
 
Last edited:

offbeatbryce

I Love YTtalk
Joined
Sep 1, 2014
Messages
1,414
Reaction score
232
Age
36
Channel Type
Other
@GeekyNet - I cannot imagine all these people suing you in court for 1 youtube video ..

I watched a "parody" of Titanic ...Titanic 2 - Jack's Back (2019 Trailer Remastered)
where clips from various sources were put together ,,,is that OK ? There was nothing funny in that video whatsoever but it is quite clear that the Titanic 2 movie is not going to happen ...similarly can we make fake movies of Transfomer 5 for example ??
The creator did mention the source of clips and videos though..

I also noticed quite a number of such fake upcoming trailers gained millions of views (that guy is a member of patreon where he gets extra funding for his work too)

And What about fake news ?? I am a soccer fan and some posted digitally altered images of soccer players dressed in their "rumoured" new teams...

I am just beginning in this and am careful not to offend YT in gaining their approval for monetization
Send me a message on here. I can help you with some of your questions. I've researched Fair Use for about 3 years and also have extensive copyright background.
 
  • Like
Reactions: Lock

Lock

$$$
Joined
Feb 20, 2018
Messages
74
Reaction score
9
Location
Malaysia
Channel Type
Youtuber
Send me a message on here. I can help you with some of your questions. I've researched Fair Use for about 3 years and also have extensive copyright background.
My niche is celebrity -sports -entertainment..
Right now i am making slides based on compilation of google search images...and make a copyright statement that
(1) these images and info are the property of their respective owners
(2) they are used for info purpose only (maybe this should be changed or removed ?)
(3) I will remove them if you contact me via this separate yahoo email

- in my description area...

Any feedback is welcomed ...

in future am thinking of doing a compilation of movie snippets or even remastered ones (if it is ok with youtube copyright laws)
 

offbeatbryce

I Love YTtalk
Joined
Sep 1, 2014
Messages
1,414
Reaction score
232
Age
36
Channel Type
Other
My niche is celebrity -sports -entertainment..
Right now i am making slides based on compilation of google search images...and make a copyright statement that
(1) these images and info are the property of their respective owners
(2) they are used for info purpose only (maybe this should be changed or removed ?)
(3) I will remove them if you contact me via this separate yahoo email

- in my description area...

Any feedback is welcomed ...

in future am thinking of doing a compilation of movie snippets or even remastered ones (if it is ok with youtube copyright laws)
Simply stating such things above does not exempt you from copyright infringement. The fact you are using Google Images is a serious problem unless you verify they are either in the public domain, or creative commons photos.

Also YouTube does not have their own copyright laws. They follow the copyright laws put in place by the countries in the world.
 

Lock

$$$
Joined
Feb 20, 2018
Messages
74
Reaction score
9
Location
Malaysia
Channel Type
Youtuber
Simply stating such things above does not exempt you from copyright infringement. The fact you are using Google Images is a serious problem unless you verify they are either in the public domain, or creative commons photos.

Also YouTube does not have their own copyright laws. They follow the copyright laws put in place by the countries in the world.
How to verify that ???