BEST-Kept SECRETS to FAIR USE on YouTube | Media Lawyer Explains
ฝัง
- เผยแพร่เมื่อ 1 มิ.ย. 2024
- I am the lawyer for TH-cam PROs, like @mondobytes. I learn their SECRETS for using Fair Use in TH-cam videos. In this video, I reveal TH-cam Pros’ SECRETS for Fair Use on TH-cam. I show you how to claim Fair Use on TH-cam. I also answer the question, “What is Fair Use for TH-cam videos?” So, if you need Fair Use on TH-cam explained, this is the video you should watch.
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CHAPTERS:
0:00 Fair Use SECRETS of the Pro's
0:39 @PewDiePie - Master of Fair Use #1
3:13 @KnowingBetter - Master of Fair Use #2
5:37 @LegalEagle - Master of Fair Use #3
8:54 MORE SECRETS to Fair Use for TH-cam
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CHECK OUT My 🌟GREATEST HITS VIDEOS!☄️ - CLICK HERE ➡️: • What TH-cam's Not Tel...
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🔥 Check out my videos on COPPA 🔥CLICK HERE ➡️: • What TH-cam's Not Tel...
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AUDIO MUSIC & SOUND FX: Thanks Epidemic Sound! for “Gimme That” by Katnip.
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The content of this TH-cam channel is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this TH-cam channel for legal advice. Viewing this TH-cam channel is not intended to and shall not create an attorney-client relationship between you and Ian Corzine or West Corzine, LLP. Messages or other forms of communication that you transmit to this TH-cam channel will not create an attorney-client relationship and thus information contained in such communications may not be protected as privileged. Neither Ian Corzine nor West Corzine, LLP makes any representation, warranty, or guarantee about the accuracy of the information contained in this TH-cam channel or in links to other TH-cam channels or websites. This TH-cam channel is provided "as is," does not represent that any outcome or result from viewing of this channel. Your use viewing of this TH-cam channel is at your own risk. You enjoy this TH-cam channel and its contents only for personal, non-commercial purposes. Neither Ian Corzine, West Corzine, LLP, nor anyone acting on their behalf, will be liable under any circumstances for damages of any kind.
© 2021 Ian Corzine. All rights reserved.
#fairuse #copyright #Shorts - วิทยาศาสตร์และเทคโนโลยี
Do you have any questions about how to use Fair Use in your TH-cam videos?
There's a comic book writer who proclaimed that he will strike any TH-cam channel for showing his artwork, and stated he doesn't give permission for anyone to show his stuff or show clips from his streams. Does your suggestions in this video override his proclamation?
I wish to see “ daily dose of Internet” example how he escapes from copyright
I want to do live streaming watching another TH-cam videos in Spanish about any topic (history, science, technology, etc.) and do comments about the grammar, vocabulary, Spanish phrases, etc. in order to teach Spanish. My idea is to watch like 10 seconds of a video and then take notes with my students/subscribers, talk a little bit about the language, and then continue watching another portion of the video.
I already talked with the owner of one channel and he allows me to use his material as long as I put the source on the description, but I am still afraid that TH-cam will do something against that. So I just want to be sure. Thanks :)
Dear Ian, I would like to know more about music song tutorials and fair use. In my tutorials I don‘t even have lyrics on the screen (just chords & rhythm); so I‘m trying to be very careful. However it would be interesting to know how far you can go (e.g. my subscribers ask me to sing and play the whole song, but as this would be a cover it wouldn‘t be fair use anymore😅). Regards
My video was blocked because I was at a car meet and the company blocked my video. Like I can't go up to someone I don't know and tell them to turn their music off because I'm vlogging.
Oh Ian, you think I don't get copyright claims? You sweet summer child.
LOL 😆 You’re still a MASTER OF FAIR USE!
😂
😂
Both of you are awesome, great job guys.
You also master of click bait. => :-O
Really helpful tips for any creator and honestly some of them are just generally good practices that help push creators to improve both their editing skills and content presentation manners!
Totally agree - it’s the law, being respectful, and being a good editor 😁
Some claimants don't care about fair use. Especially if they've feeling vindictive.
Came from Armando’s channel. Good stuff you got going on here
This is a superior video on fair use.
This should be required viewing for fair use.
Awwh, Nate! Thanks so much - I’m going to have to review your channel soon to see if you are a MASTER OF FAIR USE 😂😂😂
You are absolutely right.
Love this! My question is: doesn’t TH-cam and Facebook have automated bots flagging content without human intervention? On Facebook I had a video taken down even though it was clear to a human watching it that I was commenting, reviewing+ critiquing and educating and clips were short. How do they actually accommodate fair use in their algorithm? Doesn’t seem like they do until you dispute it?
Yes. The bots have a very rudimentary ability to determine Fair Use - pixel positioning, audio, and length of copyrighted clip.
Hi, this is a great question. I would love to help out and answer any questions you may have! I have a LIVE Q&A show this Saturday.
You can drop your questions and concerns on my LIVE show and TUNE IN.
Kindly check this link to get a notification.
facebook.com/yoursocialmedialawyer/posts/1231061260678010
Yeah this is unfortunately true. I have disputed several copyright claims on my videos that got tagged through their algorithm only. My latest video is just using clips without audio as I dissect my reasons for liking this particular show over it’s reboot but it got automatically tagged right away. Cutting clips into so many short segments to backdrop my commentary is a pain.
Instead of using stock footage for TH-cam automation, can you use borrowed art as long as you provide original commentary over top?
As a member of the International Documentary Association and having read the Fair Use Act, it stipulates under "Quoting Copyrighted Works of Popular Culture to Illustrate and Argument or Point" that documentarians are best positioned to assert fair use claims if they assure that "the material is properly attributed, either through an accompanying on-screen identification or a mention in the film's final credits." Would this also constitute a fair use of unlicensed copyrighted material? Thanks.
I understand what you are implying about 2-5 seconds optimally, but is there an absolute cutoff of a clip being ‘too long’ in an unaltered fashion?
Watching this was like getting it straight from the horse's mouth because of your legal expertise. I'll apply this to my future projects. By the way I'm so new as a creator and glad I stumbled into this wealth of information. Keep the vids coming and thank you!
Excellent Video- thank you Ian!
Ian, always great advice. Thanks.
You should do more of this kind of videos, they are great...
Thanks Fede!
Great tips in here! I'm going to use these tips in my future content!
Why does youtube themselves, identify copyrighted material with content ID, say it's okay and that the rights holder allows it and then later allows an agent of the right's holder to manually submit a DMCA? I was under the impression some agreement was formed because it's been rare(probably due to channel size)but it's grossly misleading for a "venue" like youtube to think they're owed safe harbor when they're basically facilitators. I understand fair use but youtube does in fact give publishers the option of monetizing, sharing monetization or dmca. I personally think for cover versions youtube should purchase a blanket license. People doing reaction videos are not really fair use, they are piracy of the original sound recording and or film. They hide a lot of content behind paywalls, ghosted videos, distorted sound or even pitch shifted sound. That's not transformative, since their videos are not about the alterations but a means to game the system. 99% of reaction music videos use 100% of the original sound plus the video and publisher want way more money for that. People are also watching them because they saw a song they liked. They show about 25-30% of a movie and instruct users to join their patreon to see the whole movie of them making faces while watching. Ummm??? There's nothing fair about a lot of the content on this site. I know I am violating copyright but I was misled now I am rebelling. They'll never admit it. They look for videos on how to avoid copyright strike...gaming advice not legal advice.
Hey, love your video. Thanks for the advice. If I wanted to use a clip slightly longer than 5 seconds would that be wise or is the 5 seconds per clip kind of a hard stop?
Thank you for this very informative video!
Hi Ian! I'm still confused about fair use. Can I use video clips of people teaching concepts to enhance something I'm teaching? For example, "Here's what Dr. So and So says," and then show a clip and discuss it? Thanks!
Was very well explained, thank you Mr. Ian❣️
Glad it helped!
more videos like this please. great content👍🏻
I have always run the credits (ie whose photo it is and where I got it from..plus if it is fair use, commons, or public) in my video itself. I've not ever seen another TH-camr do that.
I was using some fair use pictures of celebrity cats or of their places of origin (such as a train station that they served in), without realizing it before, and wonder if my attributions protect me.
I have not talked about the pictures in my videos, but have used them to make points or to represent a cat, a place, etc. I talk about the history of different famous cats. I use a lot of pexels pictures for my B roll and also pictures from places like Wikipedia. On a few occasions, I've gottnen pictures from news sites.
I am hoping that it won't get my into trouble when it comes to monetization time. I really appreciate what you shared in this video because I will incorporate those techniques.
This content is gold! Thank you! Please, give more case studies in the future.
Thanks alot man, I appreciate it your work
My pleasure!
Thank you. Subscribed!
Amazing work!!
This is wonderful, I'm going through your videos now that I've found them. This is so helpful, I'm specifically wondering about parody, cartoons and all that with like marvel and disney characters. I've read about the four things you need and one is to not make money to qualify as fair use, but tons of parody animation accounts use a few or many characters and they run ads. There is nothing clear about this online. So, if at all possible, how does one do this? Make parody videos about a show, episode, or movie, and not get sued? As in the characters commenting or making fun of the show? Thank you.
You always so helpful. THANK U
You are so welcome
Do these same principles apply to reading an article from a website, magazine or newspaper within a video? Is it required to provide a citation or credit the creator or copyright owner?
Thanks for sharing! I believe if I refer to a still page of a youtube channel to point out its title or showing a result of a search of specific keywords on youtube that should come under fair use isnt it? Im making a video on how to get suggested on yt btw.
Fair use is not really an answer if the second a copyright holder slaps a demonetization for copyrighted material complaint on your video no one really appeals it. So basically people are volunteering their time at that point. What would be a better solution is using 40 year old laws that were created to give content “broadcasters” a blanket licence. Technically youtube is the broadcaster and should be legally required to cover all royalties. The content creators are simply the dj’s employed by the radio station “youtube”. This is clearly an example of huge companies teaming up to bully and extort people on digital media platforms and rob them of monetization.
Really thoughtful
Great video, Ian! Quick question; would it be considered Fair Use if I used short movie clips (like 2 seconds) as a reaction to something I'm saying in my video? For example, using a character's line as a sarcastic aside to my statement. Thanks so much!
thank you for your tips😊
Thank you !!
Quick question can I use 2 second gifs from vlipsy for my how to tutorial videos? I will not be commenting on gifs but having some content related to it. Or having pausing frame shots explaining things on how to do something.
Also if you take a picture of an online source and then sharpen the focus, adjust contrast and crop a bit of the edges and change the saturation levels does that qualify as enough altering to make it fair use, if you also site where you got the picture from?
Very good video thanks 🙏🏻
Hi sir...your advices are really useful for me...I am a creator from India, and I would like to ask, whether we could use short movie audio clips to clarify and highlight our point humourously without hurting the owners' sentiments?
I transform the content in my videos drastically, adding about 20minutes of commentary, and they still get taken down. Literally nothing the creator can do.
Hello. Q: if I'm using images of the top 10 actresses in America and showing their pictures or video but commenting or educating why they're ranked, do I also need to put and attribution for the images or videos I use of them?
This was a really good video!
Glad you think so!
Thank you for info, IAN, what about someone who claims copyright but do not have the right to do so because they do not own the original one.
Thanks for this.
I'd love to see more of these types of fair use analyses. But does time shown truly matter for photos? One of the factors for fair use determination is the amount of the work used which makes sense for video and music but for photos even if you only show it for a few seconds you are still using 100% of the work.
No it doesn't. You can have a 1 second clip and still violate it. The problem is, most ppl who use long clips tend not to be transformative with them.
Question, can you use copyrighted music for bumper (intro/outro) music of a talk radio program where the host is talking over the music as it fades in from or out to a commercial break?
I have seen people record a clip from a movie or tv show of thier tv screen with a camera instead of downloading it or screen recording it directly from the computer is there a reason they do that? Seems the video isn't taken down when they so it that way.
Thanks a lot!
Hi Ian. Can I use an image from a published book to comment on it for educational purposes?
Great contents and still binging on your contents. My question is when TH-cam says there are no copyright issues before uploading does that mean it's safe or is it only safe for the moment?
Hi, this is a great question. I would love to help out and answer any questions you may have! I have a LIVE Q&A show this Saturday.
You can drop your questions and concerns on my LIVE show and TUNE IN.
Kindly check this link to get a notification.
facebook.com/yoursocialmedialawyer/posts/1231061260678010
Love that tie. Go Vols
This was a great explanation but how do we go about borrowing background music?
I was curious about using music as background music on educational videos that don't involve music. For instance, can I stream a playlist on Alexa in the background of my painting videos if the videos are instructional?
What if you were doing a book review or something and you had the book on your video and say now you have ad revenue? Would that be considered a violation? In Armando's case, the person can make the claim that he is getting commercial benefits through ad revenue as a result of that video.
very insightful
question, does it make any difference if you put the link to the borrowed content in the description of your video?
Hi, can i use a screenshot of a tweet or a news interview if my video is talking about it?
I'm trying to start a satirical commentary show and this is going to be very helpful.
Now, if I can only get myself to do the videos
Hello sir, i want to make documentry on certain topics and for that i needed some clips in which a perticular person is giving his openion like for example a clip from a podcast or a clip showing someone's journey throughout the year , for all this i need their clips so how should i do it without getting copyrighted
HI Ian, what if u use a copyrighted photo in a small portion of the screen along with non copy music and commentary in a top X video?
Always
Be
Learning
Love that mantra!
I’m I allowed to use news clips in my music videos? Meaning 4-5 news clips around ten seconds each throughout the video? Thank you for video.
Can i asking something, how if we use other people video for compilation or using other video for make ranking like top 5 best actor..and we put title on the clip, is that can consider fair use?
I notice some creators add text near the beginning of their video something like “all photos used under fair use”. Is this advisable?
No. Doesn’t work.
Concerning these commentary videos, like about a movie or TV show, what about how the person obtained the clip? Let's assume that it's a movie that is only available as a digital download or on DVD, but has not been broadcast or shown on cable. Or maybe something like a live sporting event. They either imported it live into their computer or did it from a DVR recording.
There's definitely ways to do this and strip away copy protection or HDMI security protections. Is there a potential DCMA violation or will Fair Use cover that. Especially if they purchased the copy and are using the "archive" loophole?
Still a copyright violation.
Hi Ian, is it okay if I use about 30 second clip as one of my teaching materials to teach Chinese on my channel?
As a rule of thumb, should we always ask first regardless of strictly following fair use guidelines unless it’s specially stated in the video or description the content is free to use?
Yes, exactly
What about showing a news website with us next to it and talking about that article?
Hey, It was an informative video!
I too have a youtube channel and I have a Question : Can You Explain a bit in a detail about how to use the still images! Cuz I provide Educational content and I need pictures
Soon I will begin marketing a new type of patented transmission. Can I use other transmission videos to compare to mine, using your techniques? I need to show how their system works mechanically, so my viewers understand how my system works and is so much different. Can I criticize the function of the other transmissions to show their shortcomings?
I'm positive that our movie reviews/parodies / criticisms are under fair use but I still get copyright claims which are rejected. I submit a detailed legal breakdown of the videos. You said we should appeal but I'm scaaaared 🙊
I understand being scared. I am too when I appeal - and I’m a freakin’ lawyer. Just look at it like you’re asserting your constitutional right to Free Speech. Fair Use is Free Speech.
@@iancorzine THANKS for your help we got our claims released!!!! 😀😀😃😃😄😄
@@candylandrants6806 Oh nice, happy for you! Did you go to court or only through the youtube system?
@@candylandrants6806 you appealed it? I have a reaction channel I keep getting the orchard group always denying my disputes sometimes release some …I’m scared to appeal and lose my channel
Could you talk about if someone wants to do book reviews. What are the rules about reading a book or excerpts from books? I'm not sure I can read bits out...some authors read their books on line so I could do a reaction video to that I think.
Hi, this is a great question. I would love to help out and answer any questions you may have! I have a LIVE Q&A show this Saturday.
You can drop your questions and concerns on my LIVE show and TUNE IN.
Kindly check this link to get a notification.
facebook.com/yoursocialmedialawyer/posts/1231061260678010
Question: The Rockafire Explosion is an animatronic band created by Aaron Fletcher like 50 years ago. He seems to own the copyright to the character names and the name The Rockafire Explosion .
I went to Billy Bobs Wonderland who has these animatronics and I have recorded and posted many videos on my other channels. (Usually get copyright claims for the songs - no worries)
Well Aaron decided to copyright strike me for a performance of a popular song that the owners of Billy Bobs programmed the animatronics to perform.
Aaron owns the characters - But did not program the animatronics I recorded, does not own the song performed, and to be technical the owners of billy bobs have to make their own mask for the animatronics and they are not 100% the same. *They do use the character names and the name The Rockafire Explosion.
Can use of the name, be a copyright strike? Also there are thousands of Rockafire videos online… Can he chose to just pick one of mine and still have a case?
Thank you
All great examples of fair use is educational or non-fictional use of copyright material, but I want to insert short music clips in my own creative works. How does that work? Not only that, but I need to display a pic of a old celebrity that I’m describing. So I’ve got a double whammy! I have a pic that’s most likely under copyright and an audio clip playing in the background. How do I pull that off?
If i use clip from movie for recap purpose and make it Rotate, Colour change also add overlay effect and voice over on it. Still be claim as original work?? Can owner still have rights to gave me strike for using movie clip reference?
Thanks in advance
I'm working on a project for a non-profit veteran's organization...I've put together a video that uses different still and video/gif images I found online. Some are public domain, some are from military or DOD websites and some are from the movie Act of Valor. The clips are 2-4 secs long and used in a montage to explain a tradition that this organization has started. I had never seen Act of Valor before a few days ago, and realized I had used a few clips from it, which made me worry about the whole thing...I believe the content of the video, explaining this new tradition through images, as well as the length of the clips themselves would make them fair use, but I'd rather be sure. Is there a way to find out if my video would get a copyright strike before actually getting it?
Hi, can you make video how can we use content for "fair use" but not for video, but for audio(not music, i mean on podcast parts, speeches or something like that), for example some speeches.
can I use news clips, and articles online?
I have professor that has very insightful newsworthy ideas and some of them he publishes. Would it be legal for me to read his publication verbatim on youtube being that its educational ? If not, can I add my commentary to it to make it legal? Essentially I want to make available information for people who cannot read or cannot access this via anything but online for whatever reason. Thank you for your input and please do not hesitate to request for more direct contact information if you deem this not the forum to elaborate on this subject.
Is there a time limit of what you can use , if you borrow a clip, change the sound, sharpen the entire clip and change the context?
Can you use news audio clips in a podcast to comment on the story?
I want to write a song and a book and there already is a song with the same or similar title can I do that without getting into Copyright infringement trouble???
Does This Apply To Music Such As News Reporters Clips
Is it okay to take someone else video and transform it without giving your own opinions about that video? Is transforming someone else video still falls under copyright(you will get copyright strike for doing it)?
Hello. Thx for this. I am scared of doong a reaction channel because i dont know what to do in terms of fair use
Hello I made a video where I used footage of green acres TV phone skit and edited in myself like im talking to the charachters back and forth is that fair use?
On second example, how does he avoid copyright violation from owners of Twin Peaks brand. See poster on wall behind commentator. Seems like product placement issue. I see many commentator channels with items on their set with recognizable brands like Disney, Marvel (Disney), Nike, etc.
Hello Ian, great video!!! :) I have a question regarding "fair use" for TH-cam Shorts videos that will NOT be monetized on TH-cam, but at the very end of the Shorts videos, there will be a link or audio comment to go to another webpage which is a commercial business. I'll give you a concrete example of a Shorts video I want to make: I would like to make a 15-20 second Shorts where I use very short clips (1-2 sec video clips, no sound) from different nature documentary videos, video footage of ocean waves, underwater footage, etc and on top of these video clips I want a voice-over that tells climate facts or even graphics that tell climate facts. Again, at the very end of my videos, there would be an audio or graphical referral to another webpage that is a commercial business.
Would this one slide under "fair use"? :D
Best, N
Can you use just your voice or do you need to be on camera to be able to use the video?
And Not quite! TH-cam has informed me that they will remove my content and issue a strike if I don't delete the video in question. Despite my use of content under fair use, they seem indifferent to the legal nuances and insist on compliance with their demands.
Hello i just like to ask if for example the english content of a written work or video is translated to tagalog language to create a new video is it fair use?
Also if i try to re word or re arrange some wordings of the whole video content narration to make it different is it fair use?
Hi, this is a great question. I would love to help out and answer any questions you may have! I have a LIVE Q&A show this Saturday.
You can drop your questions and concerns on my LIVE show and TUNE IN.
Kindly check this link to get a notification.
facebook.com/yoursocialmedialawyer/posts/1231061260678010
Have you done a video about reaction videos?
Can you use quotes from a book under fair use? Can someone generally talk about the book to qualify as fair use? For example, Dr. Phil talks about "cancel culture" in his new book "We've got issues?"
I’m a standup comic, and screenwriter. I would like to do some critical analysis of films, television, and standup comics. I don’t want to change their art, or do parody. I want to do real reviews. Is this possible without using some your suggestions? They are great but don’t really fit with a critical analysis.
Thank you, you are my savior! I have so many ideas! If I learn to use other people's videos properly as fair use , I'll be richer than PewDiePie!
Hey, was I right in going to TH-cam and saying this is under fair use as it’s police body cam footage
Would these exact 3 "EXAMPLES" apply to TikTok videos also? Or does their Creator program not allow any millisecond clips ?
I was at a car meet and the company blocked my video. Like I can't go up to someone I don't know and tell them to turn their music off because I'm vlogging. It sucks we can't post vlogs while we are enjoying ourselves at events that we can't control. Like even the vlog I just uploaded we were at a bowling alley they were playing music. We were trying to speak over the speakers. Like we can't ask the bowling ally to turn their music off.
Voiceovers my friend!
@@FarmerQ I was. I was talking over the music. Well more like yelling.
What about of we are translating the whole english song in another languange? We use our own understanding of the lyrics and present it to viewer?
finally, found a lawyer on youtube..
Thanks 🙏 man
Last video I uploaded, was education-based. Closed captioning an 1940s cartoon for accessibility assignment. I mean... I got it from the public domain's archive, so I should be safe until it's graded.