Is this fair use or does it break copyright?

[Shakycow]

Can we consider a "top 10" video to be a compilation? If so, in Youtube's site they list one of those videos as an example of what fair use can be.

More than not, courts have ruled that compilations are not considered fair use.
Most notably in recent times would be Ray William Johnson's '=3' losing and settling with Jukin Media this past march.

 

[Krow]

More than not, courts have ruled that compilations are not considered fair use.
Most notably in recent times would be Ray William Johnson's '=3' losing and settling with Jukin Media this past march.

If i remember correctly, RWJ's were considered to have the ability to serve as a substitute to the original content, since they weren't transformative enough. Not every top 10 video is the same, and if you're reviewing it, it falls under one of the most widely accepted and popular exceptions for the usage of copyrighted material, which is criticism/educational purposes.

 

[subversiveasset]

If i remember correctly, RWJ's were considered to have the ability to serve as a substitute to the original content, since they weren't transformative enough. Not every top 10 video is the same, and if you're reviewing it, it falls under one of the most widely accepted and popular exceptions for the usage of copyrighted material, which is criticism/educational purposes.

I think it goes to show that there are very particular factors that go into play. You can't say for sure "x is fair use", because that can only be determined by a court/judge.

But it's safer to assume that something is *not* fair use than to assume that it is. The thing is...from a practical perspective, no one is suing anyone else over this. So we don't have many court cases to provide precedent. There are DEFINITELY lots of copyright infringing videos on youtube (so you can't just assume that because a video is still up on youtube that it is a good model to follow), but as long as no one is issuing takedown notices and going through with those to court, those videos stay up.

 

[iGM]

That does not fall under fair use.
For him to claim fair use, he would:
1 - need to use A LOT less of the video
2 - use this segment of video to expand his own content/have his own content expand from it

I would contact him about it and be civil. If you do not get a reply, file for copyright infringement or for a claim on the video.