Question about using clips from other people in my videos

S

Saryn

New Member
For example, if I wanna make a "Top 5 funniest PewDiePie moments", I would obviously like to use clips from his videos. Since I would have commentary over it and kind of critiquing his videos, I'm assuming I would be in the clear. I have seen MANY videos like that from other people. In one video I found, he uses other peoples footage and also even talks about it being monetized at the beginning. I'm assuming it's okay because he has commentary and is critiquing the videos. Is there a situation where I would need to ask permission to use the clip/video? Or is it sort of a grey area?
 
Always give credit if you are going to do it, and don't use clips that are longer than 30 seconds because people will lose interest with the lack of your personal content added to the clips.
 
There is a danger that they could make a claim. You are using their content word for word during the funny parts I am sure. Even if you do some intro, you are still using his content.
 
Okay here's a better example - All these "drama" channels are using the crap out of each others videos, Phillip De Franco uses other peoples videos, LeafyisHere uses other people videos. I'm assuming it's fair use in those situations.
 
Saryn said:
Okay here's a better example - All these "drama" channels are using the crap out of each others videos, Phillip De Franco uses other peoples videos, LeafyisHere uses other people videos. I'm assuming it's fair use in those situations.
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Yes, I think it is, but just be careful, ok.
 
It is considered fair use when it's a transformative work. If you are adding your own content to it to turn original the videos into something else, your video should fall under this category. Should you get a claim, you could dispute it.
 
Reaction videos (in the form of playing someone's entire video and then making commentary about it) is almost assuredly *not* fair use. There are nearly no cases on fair use in this context (which is unfortunate, because fair use can only be determined for sure in a court of law), but fair use has been rejected in many cases where there's been less material used.

The thing is, fair use has to be determined in a court. Which means that someone has to file a lawsuit. With reaction channels, these are youtubers often "reacting" against other youtubers, where no one has the time/money/energy to file a lawsuit.

A lot of other YouTubers get away with copyright infringement simply because the copyright owners aren't really looking every day for all the possible videos that could be using their content. If they aren't in content ID, then a manual copyright strike depends on how active the copyright holders are at manually seeking out their content in other videos.
 
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