Help avoiding fair use violation

YourNameHere

YourNameHere

Active Member
Hey guys,
I am currently editing a video, and I have a perfect place to put the 6 second "Supah Hot Fire Reaction" gif that everyone knows about. While technically, that was uploaded onto YouTube so it's not my property, would I get in trouble for using it? So many other people use it in theirs, that I don't think it would be a problem. However, I just want to keep my YouTube channel clean from copyright strikes.
 
The best way to keep your channel free from copyright strikes is to always ask permission from the copyright holder before using materials that are not your own.
 
i have a different approach. i have a "no fair use" policy. i only use "attribution license" and public domain sources for ALL media used in my videos. And i use a LOT of media. i never have to worry about copyright violation. There's no two ways about it. All those other people using the "Supah Hot Fire Reaction" gif, are doing so illegally. Maybe you can get away with it. But why risk it? What if your video gets tons of views, but then you have to take it down because someone figures out how to make a buck by locating copyright thieves? Just because everyone else is doing it doesn't mean it isn't theft. It's theft. And if you do it, you have to live with the FACT that you are a thief. So get creative. Find a properly licensed equivalent to the Fire gif, or make your own. You will be glad you did.
 
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Supah hot fire reaction (i'll just shorten to 'shfr') is almost assuredly copyrighted (the only way it could not be is if the original copyright owner relinquished the claim via a creative commons type license). By whom, I wouldn't be able to tell you.

So, there are several questions you have to ask yourself:

1) Do you think that anyone has set up SHFR in content ID for automatic recognition?
2) If not, do you think that there are any parties manually looking through every youtube video that may have this in it, to manually copyright strike it?
3) If either you think either 1 or 2 is true, do you think that whoever is managing the copyright would be willing to sue over it?
4) And if you think 3 is true, do you have the time/money/resources to go to court and assert a fair use defense? Do you think that would win?

Whether you use it is a matter of how much risk you think there is, and how much risk you're willing to take.
 
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