How to use Tom & Jerry's videos without getting copyright claim so I can Monetize my videos ?

FaPN

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Hey guys , hope you are doing well . The idea behind my channel is simple , I make parodies about football matches using Tom & Jerry clips , the problem is that I get a copyright claim everytime I upload a video which 35+ seconds , some of my friends told me that I can monetize my videos because parodies are considered as fair use so I'm asking if anyone knows how to solove this problem and thanks on advance :)
 

KatyAdelson

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I've moved this to the Copyright discussion forum. If you think your video falls under fair use, then you can dispute the claim using fair use as your reason. If the claim is reinstated and you still think it falls under fair use, then you will need to go to court and see if a judge agrees with your assessment of the video falling under fair use.

If you are hesitant that a judge won't agree with you, then the copyright owner is most likely in the right to claim the video... If this is the case, I'd try to contact the copyright owners and see if you could work out an agreement. They might work out some sort of revenue split contract.
 
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Cephus

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If your videos are indeed fair use, then you will have to appeal every single copyright strike against your channel and hope that Tom & Jerry's backs down. Most of the strikes are automated, nobody at Tom & Jerry's has any clue they are going on and probably don't care. There is no one to reason with.
 
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The BBQ Chef

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Putting a football teams logo on top of a cartoon character and not altering the clip at all is not Parody or fair use.
If I were you I would just stop, I can't imagine that a company the size of MGM would think twice about getting Youtube to ban your channel.
 

UKHypnotist

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In addition to what everyone else above has said...

It's against the terms of the YouTube Partner Program and Adsense Publisher Policy to attempt to monetize third party copyright media without obtaining rebroadcast licensing and Commercial Use Rights.

I suspect that even if MGM were willing to tender these, they would cost thousands: Tom and Jerry cartoons are still in active broadcast syndication in many countries.
 
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FaPN

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If your videos are indeed fair use, then you will have to appeal every single copyright strike against your channel and hope that Tom & Jerry's backs down. Most of the strikes are automated, nobody at Tom & Jerry's has any clue they are going on and probably don't care. There is no one to reason with.
That's seems logique , thanks man :)[DOUBLEPOST=1522372425,1522372102][/DOUBLEPOST]
I've moved this to the Copyright discussion forum. If you think your video falls under fair use, then you can dispute the claim using fair use as your reason. If the claim is reinstated and you still think it falls under fair use, then you will need to go to court and see if a judge agrees with your assessment of the video falling under fair use.

If you are hesitant that a judge won't agree with you, then the copyright owner is most likely in the right to claim the video... If this is the case, I'd try to contact the copyright owners and see if you could work out an agreement. They might work out some sort of revenue split contract.
Hey , thank u for ur help , i really think it's under fair use because I'm not using all of the video from the orignal content , I'm adding a dialogue and using the main content on a diffrent way to show my idea and my videos are not competing with the original content .
I'm new to youtube and all this stuff but I think it's a fair use .
 
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FaPN

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Putting a football teams logo on top of a cartoon character and not altering the clip at all is not Parody or fair use.
If I were you I would just stop, I can't imagine that a company the size of MGM would think twice about getting Youtube to ban your channel.
Hey man , if you watch the game and then watch the video I made about you will know that chosing that one Tom and Jerry video , putting the logos and adding a speech is more than enought to call it a parody ( A parody ( also called a spoof,lampoon,caricature, or joke) is a work created to imitate, make fun of, or comment on an original work—its subject, author, style, or some other target—by means of satiric or ironic imitaion. As the literary theorist Linda Hutchon puts it, "parody … is imitation, not always at the expense of the parodied text." Another critic, Simon Dentith, defines parody as "any cultural practice which provides a relatively polemical allusive imitation of another cultural production or practice." Parody may be found in art or culture,music (although "parody" in music has an earlier, somewhat different meaning than for other art forms), animations, gaming, and film. ) .
And i think it's under fair use because the original content and the videos I made are not the same and the idea behind each one is diffrent from the other . in addition to that , my content is not competing with the original Tom and Jerry TV show ... so I think it's a fair use .
As I said I'm new to the youtube cretors stuff that's why I ask but in my opinion my videos goes under the fair use .
Thanks again for answreing my thred and good luck
 

The BBQ Chef

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Hey man , if you watch the game and then watch the video I made about you will know that chosing that one Tom and Jerry video , putting the logos and adding a speech is more than enought to call it a parody ( A parody ( also called a spoof,lampoon,caricature, or joke) is a work created to imitate, make fun of, or comment on an original work—its subject, author, style, or some other target—by means of satiric or ironic imitaion. As the literary theorist Linda Hutchon puts it, "parody … is imitation, not always at the expense of the parodied text." Another critic, Simon Dentith, defines parody as "any cultural practice which provides a relatively polemical allusive imitation of another cultural production or practice." Parody may be found in art or culture,music (although "parody" in music has an earlier, somewhat different meaning than for other art forms), animations, gaming, and film. ) .
And i think it's under fair use because the original content and the videos I made are not the same and the idea behind each one is diffrent from the other . in addition to that , my content is not competing with the original Tom and Jerry TV show ... so I think it's a fair use .
As I said I'm new to the youtube cretors stuff that's why I ask but in my opinion my videos goes under the fair use .
Thanks again for answreing my thred and good luck
You can try and justify it any way you want to if it makes you feel better but you are still stealing MGM's copyrighted material and republishing it. That is against Youtubes TOS and Adsences TOS if you are lucky enough to get to the threshold before they delete your channel. Under the new criteria of manual inspection of the channel before monetization you would have less than no hope of getting monetized anyway.
BTW, those football club logos are also under copyright law and you need written authority from every club involved to use them.
 
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Jealous Lawn Care

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I've always wondered about this myself...like how can channels copy America's Got Talent video's (straight copy off the TV episodes it seems) and still monetize these? Should be a blatent copyright issue i would think...
 
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FaPN

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I've always wondered about this myself...like how can channels copy America's Got Talent video's (straight copy off the TV episodes it seems) and still monetize these? Should be a blatent copyright issue i would think...
Hey man , some creators dypass copyright by following a certain pateron on cutting the video : take 15 seconds , cut 10 seconds , take 15 seconds , cut 10 seconds ... and so on , then try play with the videos you have ( for exemple putt the cut number 4 in place of cut number 6 , but try to make it real so the viewer don't notice that u manipulate the main video ) ... but I can't do that in my case cause making parodies is all about the main idea of it and it has to be a short video , as u said it may took some extra work to beat that copyright claims for guys like me .