Is this Fairuse or copyright?

WvrrenBlvck

WvrrenBlvck

Active Member
so when I started using youtube I had made a video which took 2 days to edit which I so proud of but then when I uploaded it accumulated to about 50k and I was surprised about it also I got 100+ subscribers from that video alone and I was so happy but then 8 months later youtube removes and says that it has a copyright claim which i was sad about because it took me a long time make and i think my hard work had just gone down the drain and when i appealed for this i got a channel strike meaning i cant live stream or upload videos longer than 15 mins and if you see on my channel most gaming videos takes about 20 mins or more and i think this was unfair as i was told it falls under fair use and i didnt use clips longer than 15 secs and i just want to know if it does fall under fair use or its a legitimate copyright claim and ill explain all of the details.

the videos was called Naruto crack where basically i get clips and add in funny music or funny sounds and other stuff to make the scenes more comical when i uploaded it most people didnt see it but then it had accumulated to about 50K which was surprising. the clips were no longer than 15 secs and were edited it included many comical sounds and music but were only used for about 4-5 secs inorder to make the video funny the video had been removed ever since and i cant upload videos for more than 15 mins and i cant live stream and i find this unfair because i had to learn editing skills and it took 2 days and my efforts were flushed down the drain and i feel unappreciated to youtube and ever since most of my videos dont get that much views due to me bieng very cautious about the videos and the fact that i have to edit the videos to fit around 15 mins can anyone please tell me if it falls under fairuse or copyright and if so under fairuse then tell me what i can do to get the video back online without the court system the video was claimed by tv tokyo and i think its unfair as i didnt upload a whole episode and that there are some youtubers that have uploaded full episodes of many animes out there and its unfair as the video was only 6 mins long
 
i dont think any clips longer than 1 second can be played if you dont own the actual footage. i do live streaming on my other channel of the moon when its out. i put backing music on and when i finish live streaming i let it stay up as a video. i used to get copyright strikes all the time when i did that, all down to the music i used which was royalty free. but no matter what music i used i kept getting strikes. now i dont use any music.

i also put some clips together from nasa archives and i got strikes from those too.
 
LordFrench said:
i dont think any clips longer than 1 second can be played if you dont own the actual footage. i do live streaming on my other channel of the moon when its out. i put backing music on and when i finish live streaming i let it stay up as a video. i used to get copyright strikes all the time when i did that, all down to the music i used which was royalty free. but no matter what music i used i kept getting strikes. now i dont use any music.

i also put some clips together from nasa archives and i got strikes from those too.
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Its so weird how any music can be used as a copyright claim but when i need music i usually go to non-copyrighted music they're really good and have good music to use for free but its not the music its the clips that are copyrighted which i dont think 1 sec can be copyrighted i heard it has to be longer than 5 mins but my clips were no longer than 15 secs
 
WvrrenBlvck said:
...i think this was unfair as i was told it falls under fair use and i didnt use clips longer than 15 secs...
...and i find this unfair because i had to learn editing skills and it took 2 days and my efforts were flushed down the drain...
...and i think its unfair as i didnt upload a whole episode...
...and its unfair as the video was only 6 mins long...
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Doesn't sound like fair use to me.

Kidding aside, it's copyrighted material whether your use of it falls under fair use or not. It's also hard to tell if your use was fair use without seeing it. I can't get a good enough idea of fair use from your description. It honestly seems like it could be either way to me.

Also, copyright covers all works, even 1 second. You cannot use any amount of a copyrighted work without permission unless your use of it falls under fair use. And keep in mind that the legitimacy of a copyright claim doesn't depend on how good or skillful the use was, how much effort had to be put into it, how successful it becomes, or how inconvenient it was for the creator to create.
 
LordFrench said:
i dont think any clips longer than 1 second can be played if you dont own the actual footage. i do live streaming on my other channel of the moon when its out. i put backing music on and when i finish live streaming i let it stay up as a video. i used to get copyright strikes all the time when i did that, all down to the music i used which was royalty free. but no matter what music i used i kept getting strikes. now i dont use any music.

i also put some clips together from nasa archives and i got strikes from those too.
Click to expand...

Your video would most likely fall under fair use because you are commenting on the video and critiquing it. However, You have to be sued first to find out if it's fair use. YouTube doesn't have a say. You can dispute it as fair use but it's up to the copyright owner if they believe it's fair use.[DOUBLEPOST=1467420400,1467420307][/DOUBLEPOST]
WvrrenBlvck said:
Its so weird how any music can be used as a copyright claim but when i need music i usually go to non-copyrighted music they're really good and have good music to use for free but its not the music its the clips that are copyrighted which i dont think 1 sec can be copyrighted i heard it has to be longer than 5 mins but my clips were no longer than 15 secs
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Its not weird at all. YouTube has been getting money for copyrighted content. That's what the Content ID system is for. When a claim is put on a video it just means it found the content and the copyright owner may choose to allow it to earn money. However, it can be blocked or taken down. Copyright owners choice. Although this might change in the future. Lots of musicians have signed a petition for the DMCA law to be changed.
 
i find when i upload videos they get blocked a fair bit in germany, so i am guessing different rules there.
 
I want to point out a few things.

1) @Idec Sdawkminn is correct that there is no "safe harbor" or "de minimis" rule with fair use. There is no minimum amount that is automatically fair use -- not 1 second, not 15 seconds, not 30 seconds, not 1 minute. So you can't say, "But I only used x seconds" because there is no bright line de minimis rule.

2) Fair use is a *legal defense*, meaning that you bring it up as a defense in a court of law. If you are not in court, then you have not invoked fair use. If you don't have a judge, then you can't determine for certain if fair use applies. The truth is that for most people, the question is more about whether the copyright owner wants to take the time/money/expense to sue some random youtuber (most don't).
 
subversiveasset said:
I want to point out a few things.

1) @Idec Sdawkminn is correct that there is no "safe harbor" or "de minimis" rule with fair use. There is no minimum amount that is automatically fair use -- not 1 second, not 15 seconds, not 30 seconds, not 1 minute. So you can't say, "But I only used x seconds" because there is no bright line de minimis rule.

2) Fair use is a *legal defense*, meaning that you bring it up as a defense in a court of law. If you are not in court, then you have not invoked fair use. If you don't have a judge, then you can't determine for certain if fair use applies. The truth is that for most people, the question is more about whether the copyright owner wants to take the time/money/expense to sue some random youtuber (most don't).
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Well goddam that means my video got taken down for good reason
 
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