3 Rules to Avoid Violating Fair Use on YouTube

By | August 16, 2019


Hey guys, my name
is Tim Schmoyer and just like we
do every Tuesday, we’re going to take a look
at some of the online videos news from last week and
talk about the implications it has for us as creators. And I got a couple
YouTube updates I want to talk to you
guys about, but first of all, there is an article over
a Brafton.com’s website called “Fair Use: A guide to citations
and avoiding plagiarism on the web.” And I want to take some of
the things they talk about in that article and summarize
them for you guys here real quick. So first of all– what is fair
use, what constitutes fair use? Fair Use is basically a
clause in the Copyright Act here in the United
States that lets people use copyrighted
material in their content provided that a couple
considerations are taken into account, and
there are four of them. Number one, the purpose
and character of the use is commercial in nature. Two, the nature of
the copyrighted work has to be taken
into consideration. Three, the amount used of the
copyrighted work in relation to the entire creation
that new creator is making. And then four, the effect it
has on the value of the whole copyrighted work that
you are presumably taking from some other creator
and using in your content. If you are doing something
with that content in a way that the devalues
that other person’s, the original creators, the
copyright holders content, then that would take into
consideration and probably wouldn’t work out too
well in your favor. Now obviously,
these are all very broad and general guidelines. Let me give you guys three
different rules to maybe follow that will help you avoid getting
into trouble with fair use and using other
people’s copyrighted material in your
videos here on YouTube. Number one is make sure you
are using more original content of your own than you are of
borrowed copyrighted material from other people. Now this blog from
Brafton.com suggests that you use like a 70-30 rule. 70% of your video should be
your own content, and about 30% of it could be other people’s
copyrighted material. There’s no hard and
fast rule on that. The general principle is use
as much original material as you can, while using
is a little copyrighted material as you can. And it’s even better if you
are using the original material to give commentary on
the copyrighted work that you are talking about. Number two, the case for
fair use in your video becomes a bit
stronger when you’re using multiple sources
rather than just one source and taking a lot of
different copyrighted material from that one source
and using that in your video. So the more outside
sources that you’re pointing to, referencing,
using as supporting points and contrast for
whatever you’re talking about your video the better. Number three, make
sure you give credit to the source and the
author of that content. Nothing is worse for fair
use than using someone else’s content and trying to play it
off like it’s your own, like and you made or something. I’ll put a link in the
description text of this video or you can go read
their full article, if we want to dig this
a little bit more, but I would just tell
you guys that if you are using fair use as like a
catch-all excuse for why you’re able to use any type of
copyrighted material out there that you want
inside your videos, that is simply not the case. Fair use doesn’t work
that way and you can still get fined and go to court
and have a bigger deal on your hands, even if you are
legitimately using copyrighted material in a fair use scenario,
because only a court of law can actually decide
whether or not what you were doing with your
content is considered fair use. YouTube doesn’t
make calls on that, if the copyright
owner sees your video through content ID
or some other method and thinks that your video
is violating their copyright somehow then they
can flag your video, take monetization
away from your video, they can even issue
you a copyright strike if they’d like. So here’s what I
recommend for any of you guys who are creators
who are relying pretty heavily on fair use
in order to make your content and
your videos, I’ll put a link in the
description text below this video to
a lawyer that I use. He specializes in online
creative type stuff, and I highly recommend that
you schedule an appointment with him, his name is Kenneth
Kunkle, to review your videos, go over fair use, and get some
guidelines and pointers of how safe are you, are you
getting up to some like lines you probably
don’t want to cross. His fees are very
reasonable and getting some upfront to review your
content to potentially save you way more money, way more
expenses, the headaches, and even potentially losing
your entire YouTube channel down the road. I also want to talk with you
guys real quick about update that is rolling out to YouTube. The watch page is
changing a little bit, if you haven’t noticed already. The info bar below the video
is now just making it very easy for you add videos to a
playlist, to share your videos and do other things. We are talking about
this in a previous video because I thought it already
rolled out to everyone. Turns out I got this
feature like, months ago, and it’s just now
rolling out to everyone. So my apologies for
that, but we did talk about this in more
detail already and what this means for
you guys as creators. So a link to that video
is in the description below this video as well, and
I also put a link down there for you guys who are
gaming channels who are looking for some of
YouTube’s top recommended strategies for how you can grow
your YouTube channel as a Let’s Play gaming channel. And then for those
of you guys you support this channel on Patreon,
I got a couple links for you guys there as well about
some changes Facebook is making to the algorithm and
how we share videos to the news feed that people
are seeings there. And I’ll also sharing
a link with you guys on Patreon about what we’ve
been learning about what’s happening in Google search,
now that Google no longer shows like video thumbnails
really from websites. That post will talk about how
we update our strategies now for ranking well in
search and getting people to click on our video. While you’re going
to check and all those links out of you
guys in the comments below about what
your experience has been like we’ve been using a
fair use type of copyrighted material here on
YouTube, and especially if you have any other advice
or principles that you think could be valuable
for other creators, and how to avoid issues
with fair use on YouTube. Please share those below. The rest of you guys,
if you are using a lot of copyrighted material
and banking on fair use to kind of protect you,
definitely go down there and read the comments on what
other creators are sharing. And if this is your
first time here, I’d love to have you subscribe. Every week, we do videos
just like this to help you guys out as creators
by looking at what’s been changing in this
online video industry, and what it means
for us as creators. Tomorrow, on
Wednesday’s I give you guys some YouTube tips,
ideas, suggestions, advice. And then on Thursday’s
we do some YouTube Q&A where I take one
of your questions and do my best to answer
it, because I really believe that a lot of you guys
have messages that could really help people and even
change the world, if people who need to
hear what you have to say could just find you and
hear what you have to say. So thank you for letting
me be a part of helping you guys grow your audience’s
and you YouTube channels. Subscribe and I’ll
see you guys tomorrow. Bye.

24 thoughts on “3 Rules to Avoid Violating Fair Use on YouTube

  1. Lemonhead 6002 Post author

    I have an important question. If I were to make a remix of the song Mo Bamba and rapped my own lyrics over it and gave credit would that be fine? I know it sounds stupid but please answer.

    Reply
  2. Milo Tay Post author

    What if a video link breaks YouTube terms & conditions, by linking up 2 a page which I/U touch that link#

    they're selling stuff which breaking YouTube's rules?

    Reply
  3. ADT CHANNEL Post author

    I uploaded a video which had creative common(re-use) features but someone reported that I have violated his copyright, please please help me get my youtube account back, thanks

    Reply
  4. Samy Grace Post author

    when i copy a picture on google and i put it in my video, is that a violation?

    Reply
  5. Sanya Berlin Post author

    man, you win fastest speech contest..
    ..peace

    Reply
  6. DeclineUS Post author

    So many great questions and NO answers…hellooooo…its 2019 and though the vid was from 2014 – we stil have ppl wanting answers…

    Reply
  7. Jeff's Khmer Classics Post author

    The trouble is these third party criminal organizations that claim copyright of everything, then youtube puts the burden of proof of the person being accused of using the material. The policy is backwards. I have now made all my videos private, because I am sick of (over and over again, for the same videos) successfully challenging these bogus claims.

    Reply
  8. Lobo Aerial Post author

    how about this.
    i shoot and edit my own content only adding music for instance, im editing a lowrider video and add an oldie and bam copyright block.

    Reply
  9. The Movie Critic Post author

    all i want to do is react to movie trailers, i see lots of people doing it. . all i want to do is talk to people about movies, not doing it for the money. will i get in trouble?

    Reply
  10. Nintendorak Yamato Post author

    I hope this works if I don't want to skip the ending of Kingdom Hearts 3

    Reply
  11. marcusread Post author

    A question for Tim/Video Creators or anyone else for that matter! I have obtained permission from various content owners to use their content in a video of mine. How do i show this in the description? Just saying I have permission doesnt prove anything right? And I know that youtube or third party copyright chasers do not usually look in the description. So is there a way I can show I have permission? thanks.

    Reply
  12. Milly Monroe Post author

    how bout a podcast bout music playing free beats n recording ur own vocals ?

    Reply
  13. ptpgrad Post author

    So if a chunk of my vlog is me having a conversation when there is music playing loudly behind me in the space while I was there, would that be fair use? I am not referencing it or even acknowledging it and it is only 3 minutes of a 54 minute vlog. I assume its the owner of the background music who is claiming copyright and wants to "share" monetization. As of right now, I have under 100 followers and am not monetized, so it isn't an issue at the moment. Should I let them "share" the monetization with me for inadvertent sound that I can't cut out, but am talking over or dispute it…recommendations?

    Reply
  14. CrazyDaneTV Post author

    Can i make a reaction video of a trailer

    Reply
  15. S Thomas Post author

    I am extremely confused, Saved videos that I found on YouTube to a playlist so that I could go back and watch them later, and I received two different strikes for doing this, one for copy Rite Infringement and a second for age restricted material, how is this possible I did not upload or download anything I just put content that was on YouTube already into a playlist so I could go back and watch it later. can anyone tell me what is going on?

    Reply
  16. Tim James Post author

    Ok, so say for example I take three to six short action scenes from a Hollywood movie and put it into my movie which is non profit. Then I do the following: (1) flip the scene/mirror it over, (2) add visual effects like muzzle flashes, fire and explosions etc, (3) add different music and sound effects. And yet I put the names of the movies and titles of their scenes I used in the end credits. Could I still get in trouble for that?

    Not all of us have big budgets and time or even patience to hire tons of actors and choreographers for martial arts shots. So sometimes, short cuts are required. I could understand if my film was monetized and then I would get into trouble, but if it's non profit?? If 80% of the content was mine and I would use 20, 15, 10 or even 5% of Hollywood films shots (yet was told I could "not" alter it in any way but had to leave the footage as is), that's not a movie – – that's a movie "review" or a "comedy" by that point.

    I saw videos on YouTube where some movies had light sabers added to them which gave a unique effect. Well, those scenes were altered. Are those YouTube users now in trouble, even though they didn't monetize their videos?

    Reply
  17. T_grapher Post author

    Wassup homie is okay to react to a You tuber video when your channel is monetized but without permission from him or her!

    Reply
  18. Golden Ninja 50 Post author

    time to update your topic. its 2019. fair use is dead.

    Reply
  19. Evelyn Wells Post author

    What if I made a travel video that had a song in the background similar to the kind of videos lilifilm does? How likely is that to be considered fair use

    Reply
  20. OlaGolme Post author

    It is literally impossible to understand fair use on youtube. I see people upload NBA highlights with the announcers all day long, but when I do the same thing I get my video flagged with when I have my own commentary on the videos. They dont care about the small creators.

    Reply
  21. King Katura Post author

    Not the case anymore i'd update this after doing some research

    Reply
  22. Tiku T Post author

    I received a copyright strike brcause of an 8 minutes game highlight i made from a screen recording (the game was live it when i screen recorded it). Please explain me why the strike

    Reply
  23. Pinoy Meets World Post author

    What is the consequence of doing reaction videos ?

    Reply

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