Reaction Videos and Gaming Channels copyright question

[Blocky]

How are some reaction videos, such as from anime and from big tv shows, not taken down from copyright? I've seen videos, that shows the video in thumbnail size with audio, that have been up for around a year and they are still up that are monetized. Is there a network that they join that protects them in using those TV and anime shows?

My second question is how do Gaming channels start up without be copyrighted (such as COD and Battlefield) before they meet the requirements before joining a gaming network?

Thank you!

 

[Restart]

Depends. Some might get away with it, some legitimately buy the rights, and some use loops like fair use.

 

[Blocky]

Wouldn't buying the rights cost big time for just some random youtuber? And asking for permission takes months to process, if they even get back to you that is, heh.

Fair use is tricky stuff, man.

 

[Restart]

Fair use is actually somewhat straightforward. For example as long as your video is teaching the viewer something you are fine. Which is why "Walk through" and "Game plays" which is just playing a game is considered fair use.

 

[Partnership hero]

How are some reaction videos, such as from anime and from big tv shows, not taken down from copyright? I've seen videos, that shows the video in thumbnail size with audio, that have been up for around a year and they are still up that are monetized. Is there a network that they join that protects them in using those TV and anime shows?
Thank you!

Reasons why people dont' get hit for using copyrighted content include:

The content owner didn't upload the material into ContentID.
The video was claimed and is being monetized by the content owner.
The video had a claim which was disputed under fair use and the content owner did not push further.

 

[WolfWraith]

Gaming is different from stuff like TV Shows and Anime, most likely the copyright holders... nvm I just read the above comment lol

In terms of fair use, it doesn't always work. When you use YouTube, you obide by their Terms & policies, copyright laws don't effect how YouTube decides on what is and isn't posted. YouTube's policy is what's straight forward, you cannot post footage of anything you don't A) Own the copyrights to or B) have permission to use. Doesn't matter if it's fair use, if you do a review on an anime and the copyright holder places a claim on it, you're gonna have a lot of work to do to convince YouTube and even the copyright holder that it's fair use, in some cases if a copyright holder wants to, they can have your work taken down regardless of fair use, this is where it's entirely up to you to decide if you want to take them to court or not. TotalBiscuit is 1 to look into, he's probably the best game critique in the world right now and gets copyright/DMCA takedowns left right and centre (from arsehole devs who don't like his reviews cause it speaks truth) even though his content is well under fair use, fortunately he has a lawyer who can help him and Polaris also helps within their boundaries. People of our sizes are not so forunate, I'll be lucky if I can afford the insurance and rego on my car next year, let alone a lawyer.

 

[XXLRay]

For example as long as your video is teaching the viewer something you are fine.

Actually that's not exactly true. You can't just say: "One plus one equals two" and then show The Avengers. It depends on how much your work can stand on it's own. Even a walk-through is not protected by fair use if you don't add substantial content e.g. by demonstrating and explaining certain techniques or giving a thorough commentary (not just chit chat).