Hi guys! I'm just new here in YTtalk, I have a question regarding Copyrights, what if someone uploads a short clip of their gaming video and I download it without telling them. The downloaded video is added to my video hightlights. But in my video description, I add their names as a Credits to their video, will the monetization of YouTube will accept the video i made? Thanks!
Copyright Question
- Thread starter JedzkieYT
- Start date
Lambo
Member
Do you take the given video in its entirety? Regardless, I'd say you'd be dealing with copyright infringement. It does not matter that you give credit. You need permission to use the footage. This "video highlights" also does not tell us how you would use the footage - as I understand, using a few seconds of a clip is okay (but I am not sure), but if you use more, then no.
However, I am no expert nor good at phrasing what I think, so hopefully someone else will give you an answer here as well.
However, I am no expert nor good at phrasing what I think, so hopefully someone else will give you an answer here as well.
Lambo
Member
Unless someone else answers here with a clear answer of you being allowed, I wouldn't do it. Now that's just me, I wouldn't want to risk copyright infringement.
Shakycow
I Love YTtalk
Yes, YouTube will accept the monetization of your upload.
They will also accept the DMCA take down notice of the person who's video you stole and used as your own without permission. It doesn't matter if it's only 1 frame or their entire video, without getting (written) permission first, you don't have the right to use it.
Please don't ever do that again. Not only does it come off as rude, it's also completely unnecessary after only a few hours.
EVO
I Love YTtalk
I'm sure I once read that you can use up to 15 seconds of Content/Music before YouTube strikes for Copyright.
RayWilliamJohnson once had the biggest channel on YouTube (probably still doing the same) reviewing clips taken from other uploads and hashing them into his own video.
He linked to original sources in his descriptions..
RayWilliamJohnson once had the biggest channel on YouTube (probably still doing the same) reviewing clips taken from other uploads and hashing them into his own video.
He linked to original sources in his descriptions..
Shakycow
I Love YTtalk
That is not, nor has it ever been true. YouTube is bound by copyright law. If someone issues a DMCA notice, YouTube has to abide. The most YouTube can/ has done is helped pay for lawyer fees when they're certain the usage was fair use, but that isn't the case here.
No amount of use is safe.
RayWilliamJohnson was also sued by Junkin Media, lost, and settled out of court because he was found in violation of copyright law.
Rafij Rahman Rohan
Be Yourself
I thing until the content creator gives you a proper permission it will be not a good idea to use any part of their video...even it's a 5-10 sec clips 
Tarmack
Rhetorical Porcupine
I'm actually not certain that this is true. Normally I would agree, but it is specifically a question about gaming content. If we follow the logic that gamers require the permission of the developer in order to post content that isn't applicable under fair use, then the logic flows in the direction of all game footage of a game belonging to the developer regardless of who captured it. Under that scenario, so long as the uploader doesn't include the voice of the source channel, then uploading video game footage captured by someone else applies under the same permission license granted by the developer in the first place.
The question of who does the footage belong to is a difficult one, but I don't see any court siding with the YouTuber on this myself.
subversiveasset
Posting Mad!
Short answer: I think you're correct as long as the uploader removes the voice of the source channel.
Long answer: The theory behind let's plays is that they are a derivative work (e.g., the LPer is adding something new to the original copyrighted content). Now, that derivative work is likely not transformative (which is one of the requirements for fair use), but it is still derivative. The issue with derivative works is that the original copyright owner has the right to authorize derivative works -- so that's where the developer's permission is required.
*However*, once a derivative work has been established, that derivative work accrues its own copyright for wherever it differentiated from the original copyright. With a let's play, this would most obviously be the commentary, but theoretically, it could be something about the way they are playing (especially if they are playing in a particularly novel way.)