Is talking about anime, TV shows, video games illegal?

[priincesseevee]

Is talking about something like Pokemon for example illegal? Like if I make a video talking about or mentioning a series or something copyrighted, would my videos get taken down? And would it be the same if I included an image from it in my video?

 

[AoiZasso]

A discussion of a copyrighted work would be adding something to the original, which would be classified under the Fair Use act, which would make it safe. Using an image to make a point would also be legal, so go for it!

 

[Krow]

A discussion of a copyrighted work would be adding something to the original, which would be classified under the Fair Use act, which would make it safe. Using an image to make a point would also be legal, so go for it!

Not really. The owner can still demand it to be taken down, and he will often succeed. To prove you have the right to use that image you would have to go to court. Very few people do that, so they just get their videos taken down. Anyone who uses images they don't own, FOR ANY PURPOSE, is at risk of being taken down.

 

[NuSpirit]

Not really. The owner can still demand it to be taken down, and he will often succeed. To prove you have the right to use that image you would have to go to court. Very few people do that, so they just get their videos taken down. Anyone who uses images they don't own, FOR ANY PURPOSE, is at risk of being taken down.

1st.) Talking and discussing about copyrighter material falls under Fair Use, even when you use snippets of copyrighted stuff (especially in reviews) - otherwise any mention or even review could be claimed.
2nd.) Isnt it other way around? Holders of copyright have to prove they own it?

 

[Krow]

1st.) Talking and discussing about copyrighter material falls under Fair Use, even when you use snippets of copyrighted stuff (especially in reviews) - otherwise any mention or even review could be claimed.
2nd.) Isnt it other way around? Holders of copyright have to prove they own it?

If you use Batman footage in a review WB can take it down as many times as they want to and there's nothing you can do about it. Fair use is not something you can objectively define on the spot. It's not black and white. They can claim what you're doing isn't fair use. Only a judge can legally defend your stance and decide whether or not your use of the copyrighted material is fair. That's why a lot of people get their videos banned by using copyrighted material in reviews. They say it's fair use. And probably is. But why are their videos taken down then? Because Youtube doesn't care and always sides with the big companies. They only want you to use content that's YOURS! If a picture isn't yours, they can take it down. You can claim it's fair use, but only a judge can only make it legally fair use.

 

[NuSpirit]

If you use Batman footage in a review WB can take it down as many times as they want to and there's nothing you can do about it. Fair use is not something you can objectively define on the spot. It's not black and white. They can claim what you're doing isn't fair use. Only a judge can legally defend your stance and decide whether or not your use of the copyrighted material is fair. That's why a lot of people get their videos banned by using copyrighted material in reviews. They say it's fair use. And probably is. But why are their videos taken down then? Because Youtube doesn't care and always sides with the big companies. They only want you to use content that's YOURS! If a picture isn't yours, they can take it down. You can claim it's fair use, but only a judge can only make it legally fair use.

Correct me if I am wrong but the system goes like: Copyright Claim - Dispute the Claim - Release the Claim/Uphold the Claim/Put copyright strike - Submit counter notification. After C-N copyright holder either have to sue you and provide legal documents to Youtube or have to let claim be released (basically "F-ing sue me" message). Also Fair Use is something you can define - it is defined by law (DMCA), by previous legal cases and so on.

 

[Krow]

Correct me if I am wrong but the system goes like: Copyright Claim - Dispute the Claim - Release the Claim/Uphold the Claim/Put copyright strike - Submit counter notification. After C-N copyright holder either have to sue you and provide legal documents to Youtube or have to let claim be released (basically "F-ing sue me" message). Also Fair Use is something you can define - it is defined by law (DMCA), by previous legal cases and so on.

Most of these claims i'm talking about are made by big companies. It's very easy for them to prove the content belongs to them. It depends on who are you going against. If WB wants your video taken down, it will most likely be taken down, even if it is fair use. And if you want it to stay on your channel you will have to go to court. Good luck