Avoiding Copyright?

[Kousuke-shii]

Hey guys. I just wanna ask you about how to avoid copyright claims especially for anime videos. I see these anime channels making commentaries and talking about anime but once I did this last week I got a content ID match which then lead to a copyright strike just yesterday.

I just want to know how these big youtubers avoid copyright while still using clips and audios from all these different animes.

 

[UKHypnotist]

The larger channels may actually be licensing content; but the commentaries and reviews would qualify as Fair Use.

 

[ColorCommentary]

If you use short bits and clips, combined with your own commentary then that would fall under fair use.

 

[Kousuke-shii]

The larger channels may actually be licensing content; but the commentaries and reviews would qualify as Fair Use.

My videos were actually exactly that. A commentary and a review but it still got taken down. I made a few safety measures and my latest one is now pretty safe..[DOUBLEPOST=1469380908,1469380857][/DOUBLEPOST]

If you use short bits and clips, combined with your own commentary then that would fall under fair use.

I think I understand how stuff works now.. I just uploaded a new one and it's not getting any content ID match luckily.

 

[subversiveasset]

My videos were actually exactly that. A commentary and a review but it still got taken down. I made a few safety measures and my latest one is now pretty safe..[DOUBLEPOST=1469380908,1469380857][/DOUBLEPOST]
I think I understand how stuff works now.. I just uploaded a new one and it's not getting any content ID match luckily.

I just want to comment on something...Fair use is a legal defense, which means you can only really take advantage of it in a court of law (which most people don't have the time/money/resources to try to threaten).

In contrast, Content ID is mostly automatic. So, if there is a match, it doesn't really pay attention to whether it could be fair use or not.

Now, if you are getting strikes and takedown notices, those are usually manual, but again, the people issuing the strikes usually don't care about whether it could be fair use or not.

 

[Kousuke-shii]

I just want to comment on something...Fair use is a legal defense, which means you can only really take advantage of it in a court of law (which most people don't have the time/money/resources to try to threaten).

In contrast, Content ID is mostly automatic. So, if there is a match, it doesn't really pay attention to whether it could be fair use or not.

Now, if you are getting strikes and takedown notices, those are usually manual, but again, the people issuing the strikes usually don't care about whether it could be fair use or not.

So basically the companies taking contents down are just assholes?

 

[subversiveasset]

So basically the companies taking contents down are just assholes?

Well, it depends on if you think a company protecting its property and thinking that it should always be compensated for use of its property is an *******, but yeah.

 

[Idec Sdawkminn]

A lot of companies want to receive money by any means they can. A lot of times people are just using their content without permission in ways that wouldn't count as fair use, so it is their way of getting a return for their content while other channels basically advertise it for them. But in the cases where it is probably fair use, they know that it would have to go to court for that to be determined, so there is really no incentive for them to willingly give up money they can receive with little to no effort and expense on their part. You may consider that a-hole-ish behavior, but I'd argue that the many people who upload unedited episodes or songs, especially when they dispute and appeal the claims, are being just as a-hole-ish to them, and even illegally.

Now, on the other hand, if they take down your video when your use was most likely a "fair use" of it, they are basically infringing on your right to free speech. Problem is, you'd have to sue them to do anything about that. YouTube doesn't give you any tools to deal with that.

 

[clerick]

So basically the companies taking contents down are just assholes?

In a nutshell. There is no penalty for them filing over aggressive claims/take downs, and they know you won't go to court to fight for fair use in most cases (even if your content is fair use such as a review).

 

[Kousuke-shii]

A lot of companies want to receive money by any means they can. A lot of times people are just using their content without permission in ways that wouldn't count as fair use, so it is their way of getting a return for their content while other channels basically advertise it for them. But in the cases where it is probably fair use, they know that it would have to go to court for that to be determined, so there is really no incentive for them to willingly give up money they can receive with little to no effort and expense on their part. You may consider that a-hole-ish behavior, but I'd argue that the many people who upload unedited episodes or songs, especially when they dispute and appeal the claims, are being just as a-hole-ish to them, and even illegally.

Now, on the other hand, if they take down your video when your use was most likely a "fair use" of it, they are basically infringing on your right to free speech. Problem is, you'd have to sue them to do anything about that. YouTube doesn't give you any tools to deal with that.

In the end we can't do anything about it till Youtube fixes their copyright system. Sigh... For now I'll avoid detection from Content ID matches.