Is it fair use if I review a movie and use the soundtrack from the movie?

Is using movie soundtrack during a movie review considered fair use?


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Quick Question

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Assuming I was doing it conservatively and not just playing the whole soundtrack openly? Fair use is always arguable so I am just wondering if I would be more in the green than red if I did this.

I appreciate any opinions on this, it would really help! Thanks!
 

Stike96

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Assuming I was doing it conservatively and not just playing the whole soundtrack openly? Fair use is always arguable so I am just wondering if I would be more in the green than red if I did this.

I appreciate any opinions on this, it would really help! Thanks!
If you are using it conservatively and are not using basing the content on the soundtrack it should be fair use, as far as I know, whether or not content ID will pick up on the song and disable monetisation/block the video is another thing though. I personally try to avoid using soundtrack music in my videos because I feel like it will cause issues in the future when I can start monetising, but I do know that some people do use soundtracks and they seem to be fine.
 
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Farley Productions

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I'm going to go with "no." Only because a movie might have a license to use the song in their film does not mean the rights completely belong to them. Definitely better off going with royalty free music to avoid your video being demonetized or possibly blocked if Content ID picks it up.

However I have seen big channels with videos whom use "Video Game Music" in the background of their reviews and they seem to do just fine. Not entirely sure how it falls under Fair Use though. Even I'd like insight on how exactly they do it.
 

Crown

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Moved to the copyright / legal forum. :)

I'd say there's a very high chance you'd get a copyright strike.
 

Cephus

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No, you cannot. The soundtrack was licensed to the movie maker for their use only. Now if you are specifically reviewing the soundtrack, that might be a gray area, but just having it playing during your review, you're going to get dinged. This also happens with video game channels, they get claims because the owners of the music ding them.
 

HiEnergy

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In my opinion it's only allowable to have the movie sound track play back when showing a snippet of the to-be-reviewed movie. I'm not sure though whether integrating an excerpt of "their" footage is acceptable.
Perhaps you should only show yourself talking about the movie in question and definitely abstain from using its music.
Youtube offers lots of neutral sound tracks to creators. Just choose one of those and slap that onto your video.
I wouldn't risk receiving a copyright strike.