Does this fall under Fair Use?

[AreYouAwareBro]

I'm having a real hard time understanding fair use. Apparently anything that increases knowledge or is a parody of the original works falls under fair use and does not require permission from the original creator to use. I just watched a video where a guy narrates all of Bane's lines, so is that fair use

Also, is this why raywilliamjohnson can download other youtube videos and then commentate them? So, does this mean that I can take any youtube video and commentate on them (also photos)?

It's all quite confusing...

 

[Gabriel]

Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist’s work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work. Unfortunately, if the copyright owner disagrees with your fair use interpretation, the dispute may have to be resolved by a lawsuit or arbitration. If it’s not a fair use, then you are infringing upon the rights of the copyright owner and may be liable for damages. The only guidance for fair use is provided by a set of factors outlined in copyright law. These factors are weighed in each case to determine whether a use qualifies as a fair use. For example, one important factor is whether your use will deprive the copyright owner of income. Unfortunately, weighing the fair use factors is often quite subjective. For this reason, the fair use road map can be tricky to navigate.

RWJ falls under fair use for commentating and yes parody of original works is fair use as well

 

[ForeverAlonePrick]

It's complicated. Technically, yes, it is fair use, but if you use clips from a movie or song, the copyright holder might claim against you anyways, and youtube woin't want to deal with it so they'll take their side over yours. This is less likely with youtube videos, like what RWJ does, because the average guy with a camera and cat doesn't have the money or resources to charge anything, and he's more likely to be safe. At the very least, I'd recommend not monetizing those videos. That's my position anyways.

 

[Miketastic]

its all legal... if you know how things work.

& Ray is an unfair man.

 

[Th3StuffShow]

It's complicated. Technically, yes, it is fair use, but if you use clips from a movie or song, the copyright holder might claim against you anyways, and youtube woin't want to deal with it so they'll take their side over yours. This is less likely with youtube videos, like what RWJ does, because the average guy with a camera and cat doesn't have the money or resources to charge anything, and he's more likely to be safe. At the very least, I'd recommend not monetizing those videos. That's my position anyways.

^^this.

 

[ThioJoe]

Fair use is extremely subjective. Basically there are four criteria to determine whether something falls under fair use (which you can read about on wikipedia's "Fair Use" article). While a substantial amount of the original work was used in the video, it is pretty transformative and doesn't seem to affect the original market. However, you should know that the only SURE way to determine if something is fair use is when it goes to court and a judge decides, and by then it's probably too late. So unless you're absolutely sure something is fair use, just don't do it.