YouTube Fair Use Hub

[Wreckless Eating]

YouTube launched a fair use hub on their site: http://www.youtube.com/yt/copyright/fair-use.html

There's a few basics on there with some examples, but I thought I'd mess with guys a little bit since I've taken a few YouTube copyright classes taught by actual attorneys as part of a lab and Unlock the Space.

Below is one of the videos that always comes up in copyright class. Is it fair use? Why or why not? Leave your answer below and I'll be back in a few hours with the answer.

 

[THEREALFLUFF]

I'm gonna guess it's not under fair use just because that seems like the right answer.

 

[sickmind33]

Depends if permission from Disney is in writing, since that video has their content

 

[Shane]

Depends if permission from Disney is in writing, since that video has their content

If they had that then they wouldn't need to license it via Fair use

 

[WolfWraith]

I'm gonna say yes for fair use on the video, because it can fit under the "Remix" category based on what I see in the video and what YouTube says constitutes as a remix.

 

[phoenixblue]

Fair use does not imply monetization right?
I would guess it is fair use but not monetizable.

Unless they do go together.

 

[WolfWraith]

Fair use does not imply monetization right?
I would guess it is fair use but not monetizable.

Unless they do go together.

No, you can monetise stuff that's under fair use... otherwise it's not fair use lol

 

[Sinc]

lol this sees like fair use to me but either way i just keep it original content...cant sue me for me.

 

[Wreckless Eating]

So in case you guys were wondering, the video is not fair use. The video doesn't satisfy the first factor for fair use-it's not transformative in any way. It just takes the animation and edits it to the music.

 

[Tarmack]

Fair use does not imply monetization right?
I would guess it is fair use but not monetizable.

Unless they do go together.

This is actually an important point that is worth addressing. It's the other way around. Whether a work is being monetized or not is one of the determining factors in considering whether fair use applies. Depending on what you're doing, you have a greater likelihood of being considered fair use if you're not doing it for money.

Now granted that's court of law stuff, not court of YouTube TOS.