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Written by : Virgil Bostelmann
Current : 9224
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hello there I'm Daria welcome back to the my Baba vlog your go-to channel for creating cool videos I'll bet you have seen this symbol before so you're quite aware of what it means copyright yep that's what it's called this symbol indicates that a particular work such as an audio recording video text or anything along these lines belongs to each creator or another group of people who have specific rights to use or copy the work if a YouTube video includes non original content that violates copyright it can be deleted by YouTube that's what we are going to talk about today wanna know how to use other youtubers videos without getting slapped with copyright violation by YouTube stay tuned what if you're battling it to use some footage from other youtubers videos like we here at the Mohammed log do all the time YouTube health offers links to many articles on copyright to save you time we decided to go through them all for you we have started the articles carefully and have brought together all the relevant information in one episode let us start with copyright myths for example one of the most widespread misunderstandings among youtubers is that the best way to avoid a copyright strike is to give credit to the copyright owner there is also a myth that uploading someone else's video for entertainment or nonprofit use is somewhat different or special now I nearly forgot the fantasy that everything will be fun if you add just a little something of your own just someone else's video No none of this will work remember the copyright owner can still clean your video even if you have stated you're not the author of some parts of the video giving credit to the owner of the copyrighted work switch table the minute ization of the video purchase the content on itunes CD or DVD or capture the content to yourself from TV radio or belief none of this fulfills the requirement of fair use of videos protected by copyright which the standard youtube license requires most youtube videos are uploaded under the standard youtube license even yours the simplest way to get permission to use the copyrighted content is to reach out to the creator via message and ask them for permission to use their image Uriel hi my name is Roman and this is this show I can't explain let's sort the things out if you still want to use parts of someone else's video but you have no way to contact the copyright owner review the fair use guidelines first of all consider the size of the segment you want to use take just a tiny one 15 seconds for example probably won't be any problem but if this tiny part includes the main ad of someone else's work or a spoiler your video can possibly be deleted secondly you must interpret not just copy your work must be transformative it means that if you insert a part of someone else's work into your own you must add for instance your own commentary or create a video mashup thirdly you can use fire superiors based on factual works it's generally about use and scientific videos let's say an educational piece about a meerkat family or use about Prince Harry's wedding these are commonly known facts there is no fictional element so segments of videos like these can be used by other youtubers probably and finally use of copyrighted footage can be considered fair if the corporate owner has not lost any money because of your video let's sum it up the successful use of someone else's video you need to only use small portions of the original work and apply transformative character to your video you can also use commonly known text but never intend to bring any commercial harm to the copyright owner but here's the thing sometimes even corporate owners forget about fair use guidelines and request that YouTube delete inoffensive videos YouTube can ask them to set their claims aside if you're sure your video doesn't infringe the olders copyright you can dispute the claim and now you're probably thinking there is no 100% way to use other youtubers content in your channel but wait there actually is yet yep along with other social media works with the Creative Commons license this means that videos uploaded under the Creative Commons can be partly or entirely used for distribution translated into other languages stopped and more if you're maintaining special terms check out the license of the video you need you've seen the Creative Commons now you can use the contents of the video freely then you should note in your video the title or description the copyrights owner's name or nickname information about any changes you've added to the original content and insert a link to the text of the Creative Commons license this kind of license also presupposes you can use all these terms in any possible ways for example if you're not able to include each point in your title or description you can just add a link to the original video or any other source that contains all the information required that's awesome many popular youtubers use the Creative Commons license which is really great for other graders who make useful transformative content such as translations for example jenna Marbles uses creative comments so that the Comedy Store channel can frequently upload translations of her videos for Russian users pretty much the same thing with the car and just thoughts channels this second one exists due to transformative content too too much information huh okay let's recap the key points YouTube has two kinds of license as standard one which protects a word according to corporate law and the Creative Commons license which allows other youtubers to partly go entirely use someone else's original videos so what's the difference if you use videos uploaded under the standard YouTube classes you have to ask the corporate owner for permission or follow fair use guidelines the Creative Commons license allows for many ways of using someone else's content but you must know the authorship information in all possible ways well I guess that's all for now follow the latest updates on the move on the blog by the way we've got this fascinating episode of metadata check it out so feel free to subscribe click the thumbs up and leave your comments in the section below bye
Thanks for your comment Alysia Sutherlin, have a nice day.
- Virgil Bostelmann, Staff Member
hey if you're a non-profit uh or you're not making a lot of money can you use somebody else's work just because it's fair use just because it seems fair or because you found it on the internet is that fair use no stay tuned so you know one of the questions that we get all the time here at the screen lawyer is this notion of fair use in the copyright world people have heard it it is a long recognized uh concept doctrine in copyright law and it functions in a way to allow certain types of uses of work that would otherwise be copyright infringement and it's because certain types of uses are protected by the first amendment to our constitution it's a very important distinction and it's been well developed over many many years by lots and lots and lots of cases the challenge is this it isn't a brightline rule there isn't an automatic if i do this it's fair use and if i don't it's not people ask me all the time well i'm a non-profit or i'm a school that means i can use things fair use and my answer is maybe but you still have to go through the factors so i want to tell you a little bit about the four factors very briefly and then we can get into more detail later you can look some things up but fair use is essentially this it is a defense to copyright infringement you are using somebody else's copyrighted work in your work and you do not have their permission that alone right there that's infringing the rights of the copyright holder but if under certain circumstances it's going to be okay under fair use so you are copying their work without their permission the only question is is permissible and really what it comes down to is nine times out of ten it's this there's four factors but there's one that's going to matter the most and that is what are you doing with the other person's work and it's actually very limited the nature and character of your use is what matters and it's fairly limited you can use it for criticism commentary teaching scholarship research that's pretty much it now the courts talk about in a lot of different ways but basically what it amounts to is you can use someone else's work to do something about the work you can talk about the work you can repurpose it in a way that uses it in a different way by making a commentary on that work that's the key so parody and certain things like that satire sometimes they pass the fair use but it's a tough test but if you want to have a review site you want to say i like this movie i don't like that movie and you want to show a clip of the movie by showing a clip from that movie you are infringing the copyright in the in the film but you're permitted to do that if you want to talk about it say it's a good film bad film otherwise the nature and character of what you're doing with the work is key two other factors that come into play one is did you only use as much of the work as is necessary to make your point you can't use the you know the review site can't say well let's watch this 90 minute film together i've pirated it and then i'll tell you whether i like it or not but you can certainly show a 90 second clip and that ties in with the next factor and that is does your use have a negative impact on the commercial market for the original so think of the movie example again if i'm showing a 90 second clip now if i say it's really bad and people agree with me they may not go to the movie but i can do that but my showing of that 90 second clip isn't going to make people say well now i've seen 90 seconds i don't have to go watch the other 89 and a half minutes because that doesn't have any impact on the commercial the use of the clip does not itself have any impact on the market for the original those things all kind of go together but the key is going to be this one what are you doing with the work and that gets back to things that we talk about in copyright law all the time what are you going to do with what it is that you're getting determines what types of con tracts you need whether you need permissions whether the scope of your releases is big enough for the use that you have all these different things you always have to think about what it is that you're going to do with the work back to the school question if i'm a school and i'm a teacher and i want to reproduce 12 copies of work to give to my students to then educate and talk about that work that's fair use if i'm that same school and i want to take that original and i want to put it on our school bookstore and sell a whole bunch of copies of it i can't do that because that's a commercial use and that's one of the big keys here basically if you are using someone else's work for a commercial purpose the purpose of your use is to sell something else you're going to need permission it's not going to be fair use so if you're interested in more information about fair use there's lots of resources you can google stanford law school actually has a really good site to collect a lot of this information you can check that out there and i'm sure we'll be talking about this at the screen lawyer again and again because it's a complicated and interesting issue but just remember you've got to think about the nature of your use and you've got to be commenting on the original in some way otherwise you're going to need their permission take care
Thanks hermentiiv your participation is very much appreciated
- Virgil Bostelmann
About the author
I've studied spacecraft propulsion at Tennessee Tech University in Cookeville and I am an expert in proof theory. I usually feel refreshed. My previous job was school psychologist I held this position for 17 years, I love talking about jujitsu and homebrewing. Huge fan of Wiz Khalifa I practice diving and collect non-sports trading cards.
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