Thumbnail copyright

[Luceroboy]

Hey!
If someone really wanted to, could they go out of their way to get a copyright strike against you for a thumbnail you created?
The thumbnail will contain an image from a random source and has been edited could you ever get flagged for that?
Has that ever happened in the past?
If you were to put a straight up 'stolen' picture as a thumbnail with no editing could you get flagged that way?

Just wondering thanks!

 

[XXLRay]

Yes - you can definitely be reported and sued for using stuff in thumbnails without the copyright holder's permission.

 

[Luceroboy]

Yes - you can definitely be reported and sued for using stuff in thumbnails without the copyright holder's permission.

If a picture is free to use, share, and modify is on my thumbnail and I monetize my video is that considered to be making money off that image?

Where does a screenshot of a game fall here?

 

[XXLRay]

I am not a lawyer but I guess yes.

 

[Luceroboy]

I am not a lawyer but I guess yes.

How about for game images? Technically if you have a gaming video or anything that contains a second of other material that's not your own it could become a thumbnail automatically.

 

[Tarmack]

Short answer. yes.

Longer answer. It is unlikely that an artist will ever see your use of their image in a thumbnail. However, they are well within their right to demand you conform to their license of that image. If that license says no monetization, then you really have nothing to fight. Game imagery follows much the same ideals as game video. If the company allows monetization of video, then by logical extension, they allow still imagery.

 

[Luceroboy]

Short answer. yes.

Longer answer. It is unlikely that an artist will ever see your use of their image in a thumbnail. However, they are well within their right to demand you conform to their license of that image. If that license says no monetization, then you really have nothing to fight. Game imagery follows much the same ideals as game video. If the company allows monetization of video, then by logical extension, they allow still imagery.

A lot of big youtubers definitely use copyrighted images. Of course we won't know for sure, but I'm sure they do. I'm just worried if I can follow their example.

 

[Tarmack]

A lot of big youtubers definitely use copyrighted images. Of course we won't know for sure, but I'm sure they do. I'm just worried if I can follow their example.

You're correct. However, just as a tempering thought, the phrase "I saw others do it, so I thought it was ok" is unlikely to sway anyone in a position of authority.

 

[Luceroboy]

You're correct. However, just as a tempering thought, the phrase "I saw others do it, so I thought it was ok" is unlikely to sway anyone in a position of authority.

Very true. I skimmed on a court case that was suing for the use of thumbnails on google search, but it was ruled under free use because it was simply displaying the product and was considered to be different since it was much smaller in size compared to the original image. I feel something like this will happen on youtube sooner or later.

 

[XXLRay]

Very true. I skimmed on a court case that was suing for the use of thumbnails on google search, but it was ruled under free use because it was simply displaying the product and was considered to be different since it was much smaller in size compared to the original image. I feel something like this will happen on youtube sooner or later.

Are you willing to be involved in such a law case?