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Using Less Than 10% of Copyrighted Content for Reaction Video

Ryanhanratty1992

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Hi all,

I know it's a very tired question and that there is no clear cut answer, but I am just looking for some creator insight.

I am working with a commentator for a youtube/igtv series based around analyzing fight choreography in films. We will obviously need to show the scenes for a majority of these videos.

Is there a safe/proper way I could include these scenes without getting hit with copyright strikes or worse?

I've read having an educational slate or purpose to your videos will help you should such issues arise. I suppose I am looking for any tips or reassurances fellow creators might have that help me not feel like doing these videos isn't an unncessary risk.

Thanks so much.
 

offbeatbryce

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let me bust a myth many don't know about. Many people assume that taking anything and having their face looking surprised or saying "WOW" to a video, show or song is an instant fair use clause. It's not. You must comment and critique it. A good example is "The Daily Show" The host Trevor Noah always gives his take on the clip he showed and then mocks it and comments on it. Now Ryan, it sounds like that is what you will be doing which is fair use but 10 seconds isn't automatically fair use and never was. It's how you use it. You could take a 5 min video and show 3 min and as long as you gave enough commentary etc it could be deemed fair use but the only want to know is if you get sued then a judge will have to decide. Fair use isn't an automatic law.
 

Ryanhanratty1992

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Okay good to know. That example helps a lot actually.

If I demonotized my channel, does that make any difference?
 

offbeatbryce

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Okay good to know. That example helps a lot actually.

If I demonotized my channel, does that make any difference?
Generally not. It might make people less prone to sue you but actually one of the factors of fair use is if you earned money from the video and how much. People have been sued and lost fair use cases without earning anything from a video or song etc.