Fair Use of copyright material on YouTube ?

LandyVlad

LandyVlad

King of Mycenae
In numerous videos I see small portions of other programs used as part of the overall video - the typical example being the spongebob squarepants "three hours later" bit. It's very brief, (a few seconds) includes video/audio.

It's by no means rebroadcasting someone else;s content (not analogous to showing a whole cartoon for example), it is used to comic effect. And I see it frequently in lots of different channels.


Would that sort of thing be covered by "fair use"?

Is specific permission required? (and if so, how do I found out the relevant contact? )

Could use a small segment like that result in a copyright strike?


Let's say (as an example) that I wanted to use a brief segment from The Flintstones "Yabba Dabba Doo".
 
In the UK we don't really have a fair use thing, and recently Europe implemented something called "Article 13" or something like that. Which basically means we can't use other people's content without their permission. I think an exception was made for memes though, so could be deemed ok... but I am no legal expert and UK is different to Aus.
What you'll possibly find is it won't be a copy strike, but the copyright owner may put adverts on your video and get all the revenue for it.
 
I have had a few claims, namely my videos using real music like ELO and the CHiPs intro theme but never had any issues with 'meme' clips and such
 
I've been hit for music playing over the radio in traffic. i've even been hit for royalty free music as copyright even though i had permission to use it. Each time it was proven to not be a copyright claim. but its a hassle due to the YT program and policies. ppl can even make claims about your videos with no proof and videos will be pulled. its a mine field at best. i know for music you can purchase rights to use it. or get royalty free music and follow the publishers requirements. but if you are monetized thats another game to play too.
 
I have been using the Spongebobs ones, for example, multiple times.
No problem with youtube with any of them at all.

Even other small and very short stuff seems to be allowed as fair use, when it serves a purpose.
But that is only speaking from my experience ;)
 
I use the memes and haven't had an issue, however in my Oxfordshire video I played a few minute clip of Only Fools and Horses when they are talking about Rodney dating a 40yr old and the video got de-monatised (no strike) even though my channel isn't yet monatised. I've contested it because it was a few seconds for humour and not to rebroadcast.

I have a question, if you're not yet monatised, and a claim is made against a video, do you also loose watch time being counted towards being monatised?
 
Your watchtime will go up on all your vids and as long as they are public vids, then it goes towards your 4k/h viewtime I think. I'd suggest avoiding the use of clips like that where you can though as continuous copyright claims will possibly negatively affect your channel. I have used a few songs that suited the vids I was making and YouTube just told me they may run ads on my content and they would get the revenue. Said it didn't affect my standing.
 
HippoDrone said:
Your watchtime will go up on all your vids and as long as they are public vids, then it goes towards your 4k/h viewtime I think. I'd suggest avoiding the use of clips like that where you can though as continuous copyright claims will possibly negatively affect your channel. I have used a few songs that suited the vids I was making and YouTube just told me they may run ads on my content and they would get the revenue. Said it didn't affect my standing.
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Yup, I'll try avoid it. Disappointing though as it was a funny clip that added to the humours moment
 
In the US fair use is largely misunderstood, but essentially it doesn’t exist. It’s more of a defense tactic/strategy if one was in Federal court for copyright infringement. The majority of fair use rights go toward educational uses. For example a teacher making handout copies from a book to give to a class.

Taking someone’s work without their permission is a violation of their copyright. If the work isn’t flagged in YouTube doesn’t mean the content is allowed to be used by the copyright holder. YouTube algorithms probably aren’t design to catch small visual bites as opposed to music.

More Information on Fair Use | U.S. Copyright Office

www.copyright.gov www.copyright.gov

“In addition to the above, other factors may also be considered by a court in weighing a fair use question, depending upon the circumstances. Courts evaluate fair use claims on a case-by-case basis, and the outcome of any given case depends on a fact-specific inquiry. This means that there is no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission.“

- Wolf
 
I've found the contact for the copyright holder (company) to the content I want to use and have written to them supplying all required info.

Will see what they say - worst they can do is say no, eh.
 
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If they are a record label they may offer many options towards getting a license, but if there's little to no money involved they may take their time getting back to you.

I've had better luck with more independent labels over major ones, but you never know and it depends on how you pitch your proposal.

- Wolf
 
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LandyVlad said:
Well, here we are six months later and I've had no response from Warner Bros as yet. My bet is I never will.
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So did you post the vid using the footage you wanted?

(If I'm being blurry-eyed and missed where you said you did, my apologies)

-John
 
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