Does this constitute fair use?

Tarmack said:
Don't guess.

OP, here's the thing you need to consider. Reviews by their own nature are a fair use applicable project. The whole point of fair use in relation to reviews is to protect the reviewer and prevent the company from getting in the way of reviews or influencing them by way of abusing copyright law. So, it stands to reason that in order to review a product, you need to show the product you are talking about.

However...

If you have to use Apple videos in order to show the product because you don't have it, how is your content a review? I think that would be the biggest stumbling block. I get that smaller channels have a tough time getting products to compare, but in order to be a review channel, you kinda have to actually review stuff. A compare and contrast feature list video isn't really a review.

Monetization of the content is essentially irrelevant for this particular purpose. If you are protected by fair use under review, monetization is permitted.
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Is doing a game trailer breakdown fair use?
 
Tarmack cleared that up very well. If your video is for critiquing something even if you use some footage of another video as long as it's reviewing/critique something it falls under fair use. Gotta be careful and make sure you are actually reviewing the products. There's some websites that clear up the fair use business so you should get googling since they will help you better understand how it works
Problem is I've seen so many big companies get around fair use. EA is the worst for it since they will follow you to the ends of the earth to stop you from monetizing your video. They've done it to me even though I was reviewing their game. Nintendo is also a runner up for being A*holes.
 
Shehzad said:
Tarmack cleared that up very well. If your video is for critiquing something even if you use some footage of another video as long as it's reviewing/critique something it falls under fair use. Gotta be careful and make sure you are actually reviewing the products. There's some websites that clear up the fair use business so you should get googling since they will help you better understand how it works
Problem is I've seen so many big companies get around fair use. EA is the worst for it since they will follow you to the ends of the earth to stop you from monetizing your video. They've done it to me even though I was reviewing their game.
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EA are jerks but Mass Effect is the greatest game ever
 
GreyHound said:
EA are jerks but Mass Effect is the greatest game ever
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Yh It's the one's in suits who are the problems they don't want their games to be reviewed in bad light so they try to remove or stop us from making money on that video. The people who bring us the great games under the EA name are great though and I think they should have more control over the heads since they are the mind behind the games. Otherwise you get things like Konami VS Kojima.
 
Shehzad said:
Yh It's the one's in suits who are the problems they don't want their games to be reviewed in bad light so they try to remove or stop us from making money on that video. The people who bring us the great games under the EA name are great though and I think they should have more control over the heads since they are the mind behind the games. Otherwise you get things like Konami VS Kojima.
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Same
 
Monetization isn't a big deal for me, so in my case, better safe than sorry, so off monetization goes for that particular video!
 
Zijin_cheng said:
So if I turn off monetization for that particular video, would I be OK?
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No. You'd still be subject to copyright and, unless you're critiquing the video production or editing style of Apple's video, it likely wouldn't be considered fair use.

Whether you video is monetized or not has no bearing and you could still receive a 3rd party claim or copyright strike if they so desire.
 
Zijin_cheng said:
I do reviews on phones and tablets, and sometimes I would like to compare my current device I'm reviewing to another device that I do not have access to (can't go to a store and video tape it either). For example, let's say I'm reviewing a tablet and I'm comparing it to an iPad, is it considered fair use if I take a product showcase video produced by Apple themselves and take 3 seconds of that to compare/contrast?
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Here is an idea. Go to a store that sells ipads etc. Tell the store you would like to film items for a YouTube review video you are making on products. If they let you, then you can film them all yourself and hold them etc. Then it's your footage
 
I don't think so. If it's a parody or greatly commented 'over' then should be ok.
Over as in you must comment over the video stating it belongs to Apple etc.
 
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