Takedown Threat

[Idec Sdawkminn]

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First of all don't mix two different topic. Using third party content with permission and using third party content for fair use.
The topic is using another party's content, but okay, let's split hairs.

Now topic I was talking about is "fair use". Here what YouTube has to say about it:
"Commercial uses are less likely to be considered "fair use"."
Yes, YouTube is paraphrasing copyright law to remind users that if they are earning money from something, a court may be less likely to consider it fair use.

You are monetizing your videos so it is a commercial use.
Agreed.

No matter if you are using original clip or you modify/edit it for this you need written permission from original creator with all the terms and conditions that will be legally binding for two parties that will sign these contract.
Well, let's not mix two different topics. We're talking about fair use, so getting permission is irrelevant.

If you do not have that, you are illegally earning profit by stealing someone else work.
Not if it is fair use. And earning profit wouldn't be the illegal part. Infringing their copyright would be, which would only be the case if your use without permission didn't fall under fair use. Again, if it is fair use, then you can earn money from your use of a 3rd party's content without getting permission to use it. The fact that you're earning money could weigh against it being fair use, but as long as it is still considered fair use, then money can be made.

YouTube can't check everything single video/channel, they can't even stop people who upload full movies, that they download from internet, upload them to YouTube and then monetize them, their accounts are banned after some time but they get 500k views on their videos and it still takes ages for YouTube to stop them.
False information, or at least implication. YouTube certainly does check every video with their Content-ID scanner. If it matches any content in their Content-ID database, it gets the corresponding claim applied to it that the content owner set. Beyond that, YouTube doesn't check for anything themselves, nor do they take down any videos for copyright reasons on their own. It is only ever at the request of the copyright owner and only when they file a DMCA takedown notification.

So the fact that you are monetizing your videos does not mean it is legal for you to do so.
True, monetizing something doesn't make it legal to do so, but it also doesn't necessarily mean it is illegal to do so. Monetizing or not only matters if it is the deciding factor in if something is ruled fair use or not, and it would have to be pretty close to the tipping point for that to happen.

If you read my previous post one more time, you will see that everything I said is 100% true, whether it applied to you I do know and its not my job to find out and I don't really care. I just wanted to make sure that user who read this will not make mistake of editing someone else work and uploading it as their own.
Whether it applied to me or not wasn't really my issue with your post, either. It was the fact that it was mostly false. Only 2 out of the 5 sentences were true. That's more like 40%.

Well you are using copyrighted material, the only question I have are you monetizing your videos?
This one is a question, but the statement in the beginning is true. I am using copyrighted material.

I have adblock so I don't see any ads.
I assume this one is true as well. I don't think you would lie about this.

If are not monetizing then you could argue that you are using copyrighted material as fair use policy.
This is a true statement, but it implies something false. In reality, one can argue that they are using copyright material as fair use policy whether they are monetizing or not.

If you are monetizing your videos then you are stealing...
This would only be true in the circumstances where making money ends up being the deciding factor against fair use, but the way you used it as a blanket statement on its own is false.

Taking copyrighted material and editing it to look different does not gives you right to earn profit from it.
Sure it does, if it falls under fair use.

NOW where in my post did you see my say that anyone can flag your video??? I said anyone can report it, which means notify original creator/studio. It is very easy to find contact information where you can do it. Then original content creator will choice what he will do next.
Oh, I see. I misunderstood. I thought that by "report" you meant "flag". When you go to flag a video for violating the community guidelines or for infringing your rights, it is called "report" on YouTube. I wouldn't say people need to report it to the copyright owners per se, but that's definitely more okay to do than flagging it in YouTube.

This is not my main account, my main account is in different language so it is not related to this forum, but even this one is from 2006, so I was around when YouTube was implementing new rules about copyright content and majority of my old videos in these and other accounts were affected. YouTube was much different 11 years ago and I was around when all the changes happened.
Okay. None of that really matters for these legal matters, since copyright law has remained pretty much the same.

EDIT: Easier to read format.