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Written by : Stephani Weisner |
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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 Dario Purdin, have a nice day.
- Stephani Weisner, Staff Member
hello everybody and welcome back to yet again another episode of clone it reacts today is going to be a little bit of a different video as you're not really going to see me i have noticed that there are a lot of reactors that i watch that don't post a lot because of copyright claims i have seen that there is a way for artists to that are pl are planning on doing any sort of reaction whether it be music videos tv shows movies uh full albums that kind of thing a lot of people aren't familiar with fair use and that as long as you're not planning on only having the entire video playing without pausing or speaking on behalf of the creators or what's happening within the video that you are making under fair use legally you're allowed to use it there are some rules that i don't quite know but i do know that when uploading your videos you can actually put in a request that will take the copyright claim off i figured i would post this video because i only just recently came across it and i have used it quite a few times and there has been a couple of my songs that i've done that have had the copyright claim completely removed the newest video that i'm about to release uh for autumn kings that i reacted to had a copyright claim on it and i put in the request and it actually got allowed which means that there was no longer a copyright claim there may be some different things between artists and the respected studios that are involved that might have different rules so it might not always work 100 percent but this is an option so i figured i would at least show you how you can get your copyright claim appealed to be removed or have some of the restrictions taken off of it without any further ado we're just going to get straight into that video let's cue the intro and get right back into it okay so we're back and if you're uploading any videos on a computer you typically are able to have a lot more success with finding this screen that i'm currently on so what i just want to show you is most of these videos that i have you know they all have copyright claim but everyone can see mine now i do have a few that are kind of closer down here like this one that's partially blocked i don't belie this one i believe i did some of the disputing for but there's a lot more that i haven't so a lot of these were also had partially blocked but because of the dispute that i put out there that blockage was removed and the copyright claims still remained but now it's public to everybody and not parts of the country or part of the world being blocked off from watching my videos so i'm just going to go through step by step how you can put in a claim to dispute this this issue to get some of the copyrights removed or that kind of thing it doesn't work 100 i want to just stress that not 100 guaranteed to always work and you have to actually be doing a claim that is fully 100 because if you are doing it just because you want to youtube then has the right to remove your account so you have to make sure that you're doing it for a legitimate reason and not just to get more views so without any further ado let's just get straight into it so on my newest video which is this one right here the second one i have a copyright claim so i'm going to get that i'm going to try to get that removed it takes about 30 days at the latest so all you have to do you click see details right here click that button this pops up and it tells me everything that i have on here that has copyright claim against it now most of my videos look like this because i have multiple songs that play for 15 seconds before i get into the actual reaction video so all you have to do is on every single one you select select action now it'll give you options trim segment mute track delete track that kind of thing uh but you want to go and hit dispute so i'm going to click that now this is just some of the warnings that it says uh so i gave credit to copyright owner i'm not making money i own copy of the song or video this is where it doesn't work these are not valid reasons needs to be so you want to just click my dispute isn't based on any of the reasons above i would still like to dispute this content id claim you make sure that that's checked and then you hit continue simple as that now because i'm doing reactions and all of this is falling under fair use i'm not trying to rip anybody off i'm not trying to gain any money from these people other than if i suddenly skyrocket in views for my videos not for theirs but for mine so for me i would click fair use if you have a license to this song you would click license if it's original content you click original content if it's public domain you click public domain it's whatever your video falls under mine falls under fair use so i'm just going to make sure that that colored in and then you would hit continue now you want to make sure to read this i have read it all before so i know i can just go and click i believe my video is protected under fair use for fair dealing or similar expectations to copyright i click that and then you hit continue after that it's going to ask you to fill a little form so you would just go through and you can select whatever kind of thing it is that your video falls under mine's reaction video so i click reaction video then you would just simply type up your claim uh i'm just gonna write i am a youtuber who reacts to music to give my overall opinion of these songs i choose to react to i am in no way trying to rip the artists or creative parties involved off in any way simple as that it doesn't have to be anything too extreme and then you just want to make sure that you click all these boxes make sure they're all checked and then you would just type out your full legal name and for the sake of me i'm going to edit my full name out so you cannot see it but now all you have to do is you click submit that's it it goes through the loading process and then as soon as it loads which for some reason it seems to be taking forever disputes have been sent there you go it says right here the claimant now has 30 days to review the dispute we'll send you an email let you know the outcome so now you just have to wait and it sucks i know but sometimes it's worth all the effort then you hit close you move on to your next one i hope that you guys found this video relatable and understanding and that it helps all of these amazing creators out in the future thank you all so much for watching i will see you in the next video peace you
Thanks ikreS your participation is very much appreciated
- Stephani Weisner
About the author
I've studied organizational communication at Boston College in Chestnut Hill and I am an expert in perceptual control theory. I usually feel lazy. My previous job was telecommunications line installers and repairers I held this position for 29 years, I love talking about tether car and camping. Huge fan of Michelle Williams I practice rowing and collect stock and bond certificates.
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