Question about copyrighted content

[Mr. ToadTheGamer]

I am planning on making a video that involves using other people's content, with a small inclusion of something I have to record myself. How can I include other people's content without getting the final video taken down for copyright? I don't know very much about copyright. I know people ask the owner of the video if they can use it, but I feel like I've seen someone make a video using other people's content without asking (like best moments videos by fans) and they didn't get taken down. (Example: I saw a tweet from a YouTuber I watch saying he was gonna download a whole playthrough of a game from someone else for a video, didn't put fair use in the description, and I don't think he asked for the approval of the content by the owner, there was nothing I could find on it)

What can I do about this? Can I use their content without asking and get away with it if I include some of my own? Any help would be appreciated!

 

[KatyAdelson]

I moved this to the copyright discussion forum.

 

[Shakycow]

If you want to play with copyright, the first step would be to read up on it and educate yourself.

There are conditions where you can use copyrighted work under fair use, but that can only be decided in a court. Unless you’re positive of your innocence and willing to prove so in court or would be content with getting your video pulled and a strike applied to your channel, it’s not something you should toy with.

The easiest advice is- if you didn’t make everything yourself, get all of the necessary permissions in writing from any and all footage of music you intend to you. If you can’t get them, don’t use it.

Don’t worry about other channels. For all you know they could have the proper permissions in place, have had their work 3rd Party claimed (the original copyright owner monetizes the video and collects all money earned), or could just be pushing their luck and could be days away from receiving a copyright strike and their video pulled.

 

[TYTD]

Well; I suppose if we knew exactly what you were planning to do with the copyrighted material we'd have a better idea on how to advise it's use. I use copyrighted footage under the terms of "Fair use". That is to say that I am allowed to use a small portion of footage from a larger work for the purposes of Parody, Critique and Review. Ultimately fair use exists in one form or another in most countries (I believe Germany is an exception to this) the actual terms of what constitute fair use vary usually on a case to case basis. Some places are more than happy to let you use as much footage as you need to justify your point...others have specific amounts and some will only allow for seconds long clips to be used... so it always pays to read up on what your countries history of fair use is as to whether you would be allowed to do what your intending to do. even now I get into the odd scuffle with rights holders...but mercifully they're quite few and far between and I havent had too many incidents of copyright being upheld...most are quite happy just for the publicity (I review tat) xD

 

[Matthew_Greg]

1. How long would those clips be?
2. What will be "your" content? - it differs very much if it's gonna be your clip among those others or your clip with your commentary throughout the entire video, or just your commentary throughout the entire video.
Fair use and fair dealings aren't just "30-seconds-so-i'm-safe" stuff, that is just a conincidende that some people got away with it and this was the common thing. It's about the value. Can the viewer get the same value from your use/version of the original work as from the original work? If it's a 30 seconds long material, the "30 seconds rule" wouldn't make much sense... You have to ask if the viewer will get the same from the original work as what he gets from yours.