Fair USE?

NicsterV

NicsterV

Loving YTtalk
So I'm doing top 5 videos on a new channel, and sometimes I use other people's content, although it does fall under fair use. I do understand however that even though it's fair use, people can still easilly just put a copyright claim on it because it's their content. If this happens to my video EVEN THOUGH it's fair use, what should I do?
 
NicsterV said:
So I'm doing top 5 videos on a new channel, and sometimes I use other people's content, although it does fall under fair use. I do understand however that even though it's fair use, people can still easilly just put a copyright claim on it because it's their content. If this happens to my video EVEN THOUGH it's fair use, what should I do?
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That is a tough question. If it were me I would try do anything in my power to avoid the copyright strike if that were to mean not using other peoples content. However, I've seen many people use other peoples content in their videos such as Leafyishere. But if you have consent from the YouTuber that your taking the clip from and they say it is fine then your all set. :)
 
NicsterV said:
If this happens to my video EVEN THOUGH it's fair use, what should I do?
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Only a judge can decide if it's fair use it not. Unless you're willing to risk going to court and face big fines if you lose, the simple answer is to not use other people's content.


It should also be mentioned that the vast majority of 'Top 5' style videos barely fit the requirements for fair use and are in a very grey area at best.
 
Personally I like to be proactive. That means whenever I use other people content I ask before I use and only use if they grant me the right to use. That way the risk of ever getting a content claim is minimal. Also, it is the polite thing to do in my opinion.
 
Kelkschiz said:
Personally I like to be proactive. That means whenever I use other people content I ask before I use and only use if they grant me the right to use. That way the risk of ever getting a content claim is minimal. Also, it is the polite thing to do in my opinion.
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I Agree
 
It's kind of hard though if I'm talking about the biggest YouTubers in some of my videos. If I ask for permission, they just don't reply.
 
To answer your question how people can claim your videos even if they are fair use (not getting into whether your use is fair use or not), the DMCA rules regarding takedowns and YouTube's own Content-ID system don't really take fair use into account. There's no restriction on claiming something or taking it down that has to do with fair use. Even though a content owner would be infringing on your rights if they took down a video that turned out to be fair use, it could only be found in court whether it was or not. And the only thing you could do about it would be to sue them after the fact.
 
I fail to see how nearly any top X video could fall under fair use. It is not educational, parody, newsworthy or any protected exception. You'd get laughed out of court without some pretty extensive content that you actually create and pack into the video in-between top X copyrighted sections.
 
Tarmack said:
I fail to see how nearly any top X video could fall under fair use. It is not educational, parody, newsworthy or any protected exception. You'd get laughed out of court without some pretty extensive content that you actually create and pack into the video in-between top X copyrighted sections.
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"criticism, news reporting, teaching, and research"
 
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