How does this guy not get copyright?

Y

YouTubeKid100

Member
There is a youtuber called top trends and he does top 5 videos and uses content in his videos that clearly aren't his, and that he clearly doesn't have permission for. He has over a million subscribers.... so how does he get away with this? Is a top 5 channel considered fair use? If so, how?
 
YouTubeKid100 said:
There is a youtuber called top trends and he does top 5 videos and uses content in his videos that clearly aren't his, and that he clearly doesn't have permission for. He has over a million subscribers.... so how does he get away with this? Is a top 5 channel considered fair use? If so, how?
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He could argue that top five videos have commentary over them and are thus transformative. This goes for any commentary/news/review channels.
 
UltimateKirbyBoi said:
He could argue that top five videos have commentary over them and are thus transformative. This goes for any commentary/news/review channels.
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'Ray William Johnson v Junkin Media' would suggest otherwise.

Either the owners of the videos don't care, don't know that he's sharing their work, he has paid them for their use, his videos are being monetarily 3rd party claimed, or any other number of options that could be possible.
 
I think, this is because those videos are being listed under Creative Common license but with some conditions. So anyone can use these clips in their videos. However, there is certain condition under CC license in which the original owner of the content select the option to receive monetization money (something similar to NC, non commercial license). So even if somebody use these videos in his channel, the monetization income will be given to the original owner without receiving legal strike unless the original owner chose the option CC without monetization for the owner. There is also a third option by which the owner set to receive 50%-5% of monetization.

i discovered this recently because I used to integrate videos under CC license by using YouTube "create" tab. However, I noticed that there is some conditions in which i cannot monetize these videos even if they are under CC. i believe, this is a good way for the content owner to increase his income and to promote his brand more to the public.
 
Does anyone else have ideas? Couldn't this guy literally get sued for doing this if the copyright owner doesn't like his content being there?
 
Sued? Not likely, but you're making assumptions that he doesn't have the proper rights to show the videos or that they haven't been claimed via Content ID.

At worst, the owner of the material could issue a DMCA take down notice which would result in the video being taken down and him receiving a copyright strike (if you get 3 within a specific time period, your channel is closed and you're banned from YouTube). If he were to dispute the claims, there's a chance it could go to the courts, but, like I said, that's extremely unlikely.
 
Cool man, thanks for the help! So this guy really isn't protected by fair use or anything with these types of videos? It's so weird especially because he has over one million subscribers. If I were to make the same types of videos, what would I have to worry about ?
 
YouTubeKid100 said:
Cool man, thanks for the help! So this guy really isn't protected by fair use or anything with these types of videos? It's so weird especially because he has over one million subscribers. If I were to make the same types of videos, what would I have to worry about ?
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You continue to ignore that he very easily could have paid for the rights to use the videos. If you want to do similar types of videos, you should be prepared to pay for the proper permissions as well. If not, there's a good chance that you would receive copyright strikes.
 
No way he pays for the rights..... He uses videos from some really popular people, and I'm sure most of them he can't even get in contact with.
 
YouTubeKid100 said:
No way he pays for the rights..... He uses videos from some really popular people, and I'm sure most of them he can't even get in contact with.
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You're making assumptions now. There are numerous companies who's only business is contacting and making licensing deals. He could very easily be using one of their services and there would be no way to know.

More importantly though, unless they're using your videos, I don't see what difference it would make.

Make sure you're following the law and in the clear rather than worry about others.

While fair use is most certainly still a gray area, the courts have (so far) not shown to side with highlight or Top 5 videos.

Do what you want, but don't be surprised if you receive a copyright notice or a 3rd party claim.
 
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