Is a "zodiac signs as vines" video protected under fair use?

milk

New Member
I'm fairly new to YouTube but I gained a quick following because I uploaded two "zodiac signs as vines" videos because I thought it'd be really fun to do. Then I got a bunch of claims from CollabDRM and I think they are making money off of my videos now. My videos actually take quite a long time to make, and I'm technically changing the product from what it was originally by adding text and context and such but I don't know if that is enough to count as fair use as I'm not fully educated on the subject. What do you guys think? It kind of sucks because both my videos are in the hundred thousands view-wise and I could've made a decent amount of money if I hadn't been claimed.
 
CollabDRM likely owns the rights to the footage you used. It sounds more like you were trying to make money off of their videos.

I could be wrong, but I don't see how simply adding text and context would count enough as transformative. Unfortunately, only a judge could make that distinction though, so, unless you're willing to fight the claims, hire a lawyer, take it to court, and risk losing and having to pay extremely hefty fines and court costs, it's not worth it.
 
The OP has also forgotten that monetizing copyrighted content invalidates one of the Four Factors of Fair Use (non-commercial use of content).
 
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