Table of Contents
Written by : Michele Osbourn
Current : 773
Write a comment
Write a comment
hi I'm sorry here to answer your copyright questions today's topic is fair use first what is fair use fair use allows you to reuse copyright protected material under certain circumstances without getting permission from the copyright owner fair use is an exception to copyright law and is not determined by YouTube let me say that again YouTube does not decide what is fair use and what isn't only the court can do that what counts is fair use different countries have different rules about when it's okay to use material without the copyright owner's permission in some countries it's not even called fair use for example in the UK it's referred to as fair dealing aside from what your country calls it courts usually focus on whether your use of another person's song or video is transformative basically they're asking if you added new expression or meaning to the original work or if it basically copies the original for example in the u.s. content that might be considered fair use includes commentary criticism or news reporting also keep in mind that just because you say something's fair use give credit to the copyright owner or add a disclaimer like no infringement intended it does not mean that you're protected how is fair use determined by law determining fair use is never a cut and dried process in the u.s. fair use can only be determined in court by a judge the judge will look at your case overall based on a few different factors here are a few things to keep in mind based on what the courts look at you're less likely to qualify for fair use if your video merely copy someone else's and adds nothing else if you're trying to monetize your video if you're using fictional copyrighted material rather than factual material if you borrowed a large amount of material rather than a small portion if the main focus of your video is the copyright protected material or if your use of the material harms the copyright owners ability to profit from their we'll work so all of these are helpful factors to consider when thinking about fair use but also keep in mind there is no guarantee that you'll qualify for fair use just because you take these factors into account for example just because you don't monetize your video or if you only use a small portion of the copyrighted material that does not mean you'll automatically qualify for fair use again the courts look at everything holistically and there's always a risk involved when using someone else's copyrighted work think carefully about all of these factors and get legal advice if needed companies are claiming just a few seconds of a video how is that not abuse one of the biggest myths about fair use is that there's a minimum amount of time you're allowed to use someone else's copyrighted work but despite what some people may think there is no duration which you can use someone else's content that is automatically protected under fair use in fact courts have rejected fair use arguments for songs that only sample a few seconds of someone else's work so if you're using any amount of content that you don't own even a few seconds you're taking a risk of receiving a claim or a takedown you have the right to argue fair use but only courts not YouTube can ultimately decide whether the use of someone else's content is protected under fair use because of this our approach has been to empower creators to remove claimed content whenever possible if they feel that it isn't adding significant value to their video that's why we've built tools to help you easily identify the content being claimed in your video and remove or swap out claiming music with copyright safe tracks from the free YouTube audio library we're also now requiring claimants to add timestamps to these claims so you know exactly which piece of your video is being claimed we've also updated our editing tools so that when you remove the content manually claimed in your video the claim is automatically released restoring monetization to your video if you are previously monetizing why does my content which is clearly fair use keep getting claimed by Content ID automated systems like Content ID can't determine fair use which is a subjective case-by-case decision that can only be made by a court while YouTube can't arbitrate fair use disputes and automated systems like Content ID can account for fair use this doesn't mean that fair use can't exist on YouTube if you're a creator you should avoid relying on fair use unless you understand how the rules work and you're prepared to defend your position through the Content ID dispute process and potentially the counter-notification process this forces the claimant to withdraw or to file a lawsuit this isn't a decision that should be taken lightly or without legal advice but it is the most powerful step you can take if you want to pursue a fair use defense and will force the most thoughtful review from the claimant and that's it for fair use check out more info in our Help Center linked in the description below and be sure to check out the other videos in our copyright series linked here bye
Thanks for your comment Ghislaine Rietschlin, have a nice day.
- Michele Osbourn, Staff Member
all right hi again we're back attorney Steve Fondren we are talking in this video about how to do a basic copyright search on the Internet this is at copyright gov this is your copyright United States Copyright Office so here's your secret domain let's get right into it here here's your secret domain right here Co that stands for copyright office catalog loc.gov LLC's Library of Congress you can find those out in Washington DC so type in that domain and you'll see what pops up here is a basic search bar this is to search the public catalog from 1978 to present as you can see right here now this is your basic search and anybody that knows anything about search knows you can kind of hit that the title the name the keyword or the registration number if you have that sometimes you'll get a letter like a photo infringement case and you'll want to or a movie infringement like strike three Holdings or Malibu media you'll want to look the movie up they'll have a copyright registration or look the photo up just type in the registration number and you can find out information about that or the document number or another command search but you know I like just the title search let's do a basic title search you also have other search options here it's up to you if you're a search guru and you want to really drill down you have a special search advanced search options but that's up to you but so let's just do a simple search here for let's say Forrest Gump okay so I'm gonna search for that movie Forrest Gump with Tom Haig's great movie and as you can see what pops up is a bunch of different titles so I'm kind of looking for the Forrest Gump movie and a lot of times just so you know why people come to this website is to try to find out who the owner of a of a work is or to see if it's in the public domain to see if it's available to be used on your YouTube channels those kinds of things but let here's one right here let's see the life and times of Forrest chump that's not exactly what I'm looking for but that's kind of interesting so I'll take a look at that and here you can see just kind of a list of what you're gonna get it states the type of work the type of copyrighted work here's a dramatic work in music or choreography somebody was apparently trying to do something about the life and times of forest chump for forest chump the brilliant second cousin of Forrest Gump so it was some type of screenplay that was going to be maybe turned into a movie or something who knows but at any rate you can see down here the date of creation was 1995 now just a short rule of thumb on public domain you know something's in the public domain it was created before 1923 generally speaking that's in the public domain and anybody can use it in other words you could find the work you could use it in your YouTube videos wherever you want to use it and there's no copyrights you don't have to ask for permission so a lot of times people will want to see well when was this published so this particular work was created in 1995 so that's only you know 23 years old copyrights are gonna last longer than that so we're gonna do a different video on public domain and all the dates you know there's a lot of different time frames we're gonna do a separate video on that if you're interested it's great for YouTube creators to watch that video but let's get back so here you can find out essentially who the owner of the copyright is and if you want to go look these people up on Google you can go find them and if you want to get permission for example to do some type of derivative work or license their work you know or get some clearance so that you can use their work this is where you would go and how you would look the person up okay so that's just a real basic way to search I'm not going to spend the time going through all these to find my mores Forrest Gump actually this is probably it right here Forrest Gump original motion pictures score here you go Paramount Pictures is the owner this was a date of creation 1994 so you can get some information so if you want to use a two-minute clip or you know something that's not fair use in one of YouTube's videos here's who you would be seeking to get the rights from so that's nice and easy right there now I'm going to do one other search for you just to see here so I've got a number that I'm gonna type in so say you have the registration number you can just type that in that's another way to search and you push that in you go okay here is something this is what this is a pre-registration and I just wanted to point that out and people say well what's a pre-registration well for like movie companies they often put out movies and somebody tries to copyright it or leak it so what movie companies often do is they get a pre-registration and that's a read you know that means we haven't finished the work it's actually not fixed and tangible medium of expression just yet but it's going to be and to make sure that we can file suit if we have these infringers and we need to seek injunctions so we can knock them down they'll pre-register there's a pre-registration process with the Copyright Office so here you can see here Columbia Pictures and Sony Pictures went this is the movie and I love this movies which is why I did this search word but Pursuit of Happyness with Will Smith it's a great movie and it's about you know fighting it out and what it takes to make it in this world I highly recommend the movie because Will Smith is just phenomenal in this movie you can read a little bit about what the movies about right here if you're interested it's kind of a rags to riches story and going through all the troubles in life but you can see here Sony Pictures was the copyright claimant you have Columbia here as well and it was a pre-registration and this was done in 2002 have as you could see here they have a projected a projected date of publication for 1215 2006 so they're basically just telling the public we're going to register this we're pre-registering it right now even though it's not completed and that gives them rights to sue okay so the other thing is if you're having problem with a copyright search and you're trying to find out information this is not the best website in the world I mean it really to me it really needs to be updated and up done they need to kind of come into the 21st century here but it's okay it gives you a place to start you can basically find out some basic things but the copyright office does have a search internal search there is a form you can fill out and get a quote to have them do a search for you I believe it's about 200 bucks an hour which is not cheap cheaper than me but it's not cheap so if you really need to dig down and you're involved in litigation you really need to check things out you may need to go to the Copyright Office and ask them to help search and and pull up the documents and things that they have any assignments which would be any transfers of ownership and things like that so that's a real basic nuts and I wouldn't say full nuts and bolts but it's a pretty good basic how to search this database so I
Thanks pelenyanaH your participation is very much appreciated
- Michele Osbourn
About the author
I've studied hydrology/hydrography at Palm Beach State College in Lake Worth and I am an expert in coding theory. I usually feel hot. My previous job was electrical parts reconditioner I held this position for 21 years, I love talking about flag football and playing. Huge fan of Megan Fox I practice trampoline and collect seashells.
Try Not to laugh !
Joke resides here...