Copyright flagging trailer review help ?

[Miss Meowlina]

I wanted to seek some advice for my boy who was recently flagged as a starting youtuber... He did a monetized thoughts/reactions video of the Deadpool 2 trailer and was flagged by Fox for violated copyright... But we were both under the impression that trailers and clips could be used if they were being reviewed? The video featured him reacting to the trailer and then talking about it before and after...

Thinking he was in the right he disputed the claim and they upheld. I wanted to ask some more experienced youtubers with similar experiences because I don't really know how we should approach it... if he appeals he risks a strike but there are no real violations we can see? Help please any advice would be greatly appreciated. We're really worried about it.

 

[Dewmonic Abyss]

Well, here's basically what happened. When he uploaded the video, he showed too much of the original footage without interruption that it was detected by an automatic Fox copyright detector. Companies have a tendency to just automatically copyright claim videos that are detected by their filters. Because, if you think about it, it's near impossible to just check every video out their for your footage. I do reaction videos, as well, so I know what your son is kinda going through. A video I made criticizing a food challenge video was copyright claimed, and I personally went out of my way to contact the person that claimed the video, and to this day, they haven't responded. I just left it claimed, because I would never risk a strike this early on YouTube. I disputed my claim, and they upheld, like in your situation. Here's why they can do this: While reviews are normally considered to be labeled under Fair Use, only a court can consider something Fair Use. That means until you take it to court, that video is fair game and can be claimed. It's a flaw in our copyright legal system (If you're in the United States, anyway. If you're in a different country, you might have a different Fair Use law, in which case, you'll have to research that). And whatever you do, you do NOT want to take Fox to court. Fox has more money than you can imagine, and that's how you win law suits. You have the most money to afford the best representation and then you drag it out until the other person is homeless and gives up. What I would do in your situation, if you're really worried about the ad revenue.. Re-edit the video. Mirror the trailer and possibly put a background behind the trailer. Experiment with the trailer until their filter doesn't detect it, and then re-upload it.