Fair Use of copyright material on YouTube ?

LandyVlad

King of Mycenae
Jun 8, 2020
582
550
93
53
Brisbane, Australia
gsx1400owners.org
I ride a
Suzuki GSX1400
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".
 

HippoDrone

Admin
Jan 2, 2017
7,683
7,006
113
West Sussex, UK
I ride a
1984 Honda CB100-N
2012 Moto Guzzi V7
2017 Suzuki GSX-R750
2020 Beta 390RR
2022 Aprilia Tuareg 660
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.
 
  • Like
Reactions: City Bob

Pooley

Wannabe tractor enthusiast
Nov 19, 2019
315
379
63
Derbyshire
I ride a
2003 Honda Deauville 650
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
 
  • Like
Reactions: LandyVlad

whingnut

Squidbilly
Jul 29, 2016
159
116
43
43
Virginia beach VA
I ride a
2008 KLR 650 modified for TAT
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.
 
  • Like
Reactions: LandyVlad

Meifesto

Semi-Suicidal Dutchie
Jan 5, 2013
1,802
1,608
113
The Netherlands
I ride a
Yamaha XT660R
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 ;)
 

City Bob

Immature Amateur
Jun 30, 2020
239
247
43
43
London, UK
I ride a
Triumph Sprint ST 1050
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?
 
  • Like
Reactions: LandyVlad

HippoDrone

Admin
Jan 2, 2017
7,683
7,006
113
West Sussex, UK
I ride a
1984 Honda CB100-N
2012 Moto Guzzi V7
2017 Suzuki GSX-R750
2020 Beta 390RR
2022 Aprilia Tuareg 660
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.
 

City Bob

Immature Amateur
Jun 30, 2020
239
247
43
43
London, UK
I ride a
Triumph Sprint ST 1050
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.

Yup, I'll try avoid it. Disappointing though as it was a funny clip that added to the humours moment
 
  • Like
Reactions: HippoDrone

scooterwuf

L Plate Member
Jan 6, 2017
1,268
1,319
113
Philadelphia/South Jersey
I ride a
Kymco Downtown 300i
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.


“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
 
  • Like
Reactions: LandyVlad

LandyVlad

King of Mycenae
Jun 8, 2020
582
550
93
53
Brisbane, Australia
gsx1400owners.org
I ride a
Suzuki GSX1400
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.
 
Last edited by a moderator:
  • Like
Reactions: scooterwuf

scooterwuf

L Plate Member
Jan 6, 2017
1,268
1,319
113
Philadelphia/South Jersey
I ride a
Kymco Downtown 300i
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
 
Last edited:

Drakhen99

The Forrest Gump of Motovloggers
Aug 31, 2020
1,821
1,875
113
road-reality.com
I ride a
2019 Harley Street Glide Special, 2005 Kawasaki Vulcan 800 Classic (bobber), 1979 Kawasaki KZ650SR
I'm bringing up old stuff, but how did it go LV?

:D

-John
 

Moto Mengy

Motovlogger from PA, USA
Mar 23, 2020
1,115
1,709
113
51
I ride a
2018 Honda Goldwing Tour DCT
Interesting thread. It's good to know this kind of stuff for future use.
 

Drakhen99

The Forrest Gump of Motovloggers
Aug 31, 2020
1,821
1,875
113
road-reality.com
I ride a
2019 Harley Street Glide Special, 2005 Kawasaki Vulcan 800 Classic (bobber), 1979 Kawasaki KZ650SR
Well, here we are six months later and I've had no response from Warner Bros as yet. My bet is I never will.

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
 

Winners Video

Website Supported by Ipswich SEO

Latest posts