Fair Use: Legally Use Movie Clips & Copyrighted Material In Your YouTube Videos
Summary
TLDRThis video script offers insights on legally using copyrighted movie and TV clips in your videos under 'fair use'. It explains the four key factors of fair use, emphasizing transformation of content, minimal use of copyrighted material, minimal impact on commercial success, and the nature of the copyrighted work. The script also addresses the challenges of YouTube's copyright system and provides practical tips on using clips, including seeking permission or utilizing stock footage. Additionally, it highlights the importance of presenting content positively to avoid disputes and suggests using specific websites to find and incorporate clips.
Takeaways
- 😀 Fair use is a legal doctrine that allows for the use of copyrighted material under certain circumstances.
- 🎬 To qualify as fair use, the use of copyrighted material must be transformative, changing its meaning or value from the original.
- ⏳ The amount of copyrighted material used should be reasonable in relation to the whole work; using small clips is more likely to be considered fair use.
- 💰 Fair use should not negatively impact the commercial success of the original work; if it does, it's less likely to be considered fair use.
- 📚 The nature of the copyrighted work matters; published, factual works are more likely to be considered fair use, especially for educational purposes.
- 🚫 Simply knowing the fair use guidelines does not protect creators from copyright claims; they must be ready to dispute claims if necessary.
- 🤝 Evan Carmichael's channel exemplifies fair use by remixing clips of successful people into educational and positive content.
- 🔍 The 'how does this make me look' factor can influence whether copyright holders challenge the use of their material, especially if it's positive.
- 🛠️ Tools like PlayPhrase and downloading from YouTube can help find and use copyrighted material in a way that adheres to fair use principles.
- 💼 Understanding and applying fair use correctly can lead to successful content creation and even a full-time YouTube career.
Q & A
What is the legal doctrine that allows the use of copyrighted material in certain circumstances?
-The legal doctrine that allows the use of copyrighted material in certain circumstances is called 'fair use'.
What are the four key factors to consider when determining fair use?
-The four key factors to consider when determining fair use are: 1) whether the use of the work is transformative, 2) the amount of copyrighted material used in relation to the overall work, 3) the effect of the use on the commercial success of the original material, and 4) the nature of the copyrighted work.
Why does the speaker believe that simply uploading an entire episode of a TV show is not considered fair use?
-The speaker believes that uploading an entire episode of a TV show is not considered fair use because it does not transform the original work in any way, which is a requirement for fair use.
How does the speaker suggest using copyrighted material in a transformative way?
-The speaker suggests using copyrighted material in a transformative way by changing the value or meaning of the original work, such as using clips to construct a new narrative or educational video that differs from the original content.
What is the 'how does this make me look factor' mentioned in the script, and how does it relate to fair use?
-The 'how does this make me look factor' is an unwritten consideration in fair use where the speaker suggests that if the use of copyrighted material portrays the original creator in a positive light, they are less likely to dispute its use, even if it could be considered fair use.
Why might a copyright holder not pursue legal action against a YouTuber who uses their material, even if they have the right to?
-A copyright holder might not pursue legal action if the use of their material is transformative, does not negatively impact their commercial success, and portrays them in a positive light, as it could potentially benefit their reputation and draw more attention to their work.
What are some alternative methods to using copyrighted material in videos?
-Alternative methods include seeking permission from the copyright holder, using stock footage, or finding material that is already available on YouTube that may not be actively being policed by the copyright holder.
How can one find movie and TV clips to use in their videos legally?
-One can find movie and TV clips legally by using search engines like PlayPhrase or by locating the material in existing YouTube videos, ensuring that the use of such clips falls under fair use principles.
What is the speaker's perspective on the YouTube copyright system?
-The speaker believes that the YouTube copyright system is not as flawed as many people think, but rather that most people do not fully understand it or see the process through to completion, leading to complaints about unfair results.
How does the speaker suggest approaching the use of copyrighted material in videos?
-The speaker suggests understanding fair use principles, considering the impact on the original creator, and doing thorough research to make an informed decision about using copyrighted material in one's videos.
Outlines
🎬 Understanding Fair Use for Video Content
This paragraph introduces the concept of using copyrighted material in videos without facing copyright strikes. It discusses how Evan Carmichael builds a YouTube channel with other people's clips without getting demonetized. The key to this is understanding 'fair use,' a legal doctrine that allows certain uses of copyrighted material under specific circumstances. The paragraph outlines four key points that define fair use: 1) whether the use is transformative, 2) the amount of copyrighted material used, 3) the effect on the original material's commercial success, and 4) the nature of the copyrighted work. The speaker emphasizes the importance of understanding these points to legally use copyrighted material in one's own content.
🚀 Leveraging Fair Use in Video Creation
The second paragraph delves deeper into the practical application of fair use, using the example of a 'Rick and Morty' video that compiles clips into an educational narrative. It explains how this video is an example of fair use because it transforms the original content, uses a small portion of the material, doesn't affect the commercial success of the original, and is educational. The paragraph also addresses the issue of copyright claims on YouTube, where companies might claim a video without fully considering fair use. It suggests that creators should appeal such claims, as companies are unlikely to pursue legal action if the use is truly fair. The speaker encourages creators to stand their ground when they believe their use of copyrighted material is fair.
🤝 Navigating Copyright Claims and Creator Relations
This paragraph discusses the 'how does this make me look' factor in copyright and fair use, suggesting that the reaction of copyright holders often depends on how they are portrayed in the video. It uses Evan Carmichael's channel as an example, where he remixes clips of successful people into compilations that enhance their image. The paragraph suggests that if the use of copyrighted material is positive and doesn't harm the original creator's interests, they are less likely to pursue a claim. Conversely, if the material is used negatively, the creator may be more inclined to take action. The speaker advises creators to consider the impact of their use of copyrighted material on the original creators.
🌟 Embracing YouTube as a Full-Time Career
The final paragraph shifts focus to the potential of using YouTube as a full-time career. It suggests that with a good understanding of fair use and a strategic approach, it's possible to build a business on YouTube that replaces traditional income. The speaker shares their experience as proof that even with a relatively small subscriber base, one can achieve financial success on the platform. The paragraph ends with a call to action for viewers to explore the potential of YouTube beyond just being a content creator, hinting at the idea of becoming a 'YouTube magnate.' It invites viewers to check out a linked resource for more information on how to achieve this.
Mindmap
Keywords
💡Copyright
💡Fair Use
💡Transformative
💡Monetization
💡Copyright Claim
💡Stock Footage
💡Play Phrase
💡Evan Carmichael
💡Educational Content
💡Commercial Success
Highlights
Understanding the concept of 'fair use' is crucial for using copyrighted material legally in your videos.
Fair use allows for the use of copyrighted content under certain circumstances, such as transformative use.
Transformative use involves changing the value or meaning of the original work in a new creation.
Using only a small portion of the copyrighted material can support a fair use claim.
The impact of your use on the commercial success of the original work is a key factor in fair use.
The nature of the copyrighted work, such as whether it's factual or published, affects fair use considerations.
Even if a use is fair, copyright holders can still issue claims, but creators can dispute these through YouTube's process.
The final stage of the appeal process can lead to copyright holders dropping claims if the use is truly fair.
Building a channel like Evan Carmichael's, which uses clips from others, is possible within fair use parameters.
The 'how does this make me look' factor can influence whether copyright holders pursue claims against fair use.
Using copyrighted material positively can deter copyright holders from taking action against your use.
Negative use of copyrighted material is more likely to result in copyright claims and potential legal action.
Researching and understanding fair use is essential before using copyrighted material in your content.
There are alternative methods to using copyrighted material, such as obtaining permission or using stock footage.
Websites like PlayPhrase can help you find and use movie and TV clips legally in your videos.
Downloading copyrighted material from YouTube can be a method to use clips, but it comes with risks.
Fair use allows creators to use copyrighted material in ways that can enhance their own content without infringing on rights.
Transcripts
how do I use movie and TV clips in my
videos without getting a copyright
strike and how does Evan Carmichael
build a whole channel using other
people's clips but doesn't get
demonetised and how can you use
copyrighted material in your videos
legally we're about to explain all of
that and more so sit tight what's up
legends I hope you are having an
incredible day and I'm hoping it's about
to get even more incredible once you've
watched this video because once you
understand this concepts and you're able
to use other people's material in your
videos I can genuinely transform your
content but John isn't the copyright
system on YouTube broken no I actually
don't think the copyright system on
YouTube is quite as bad as most people
make out I'm not saying it's perfect but
the big problem is most people don't
fully understand it and see the process
through to completion and that means
they often don't get fair results which
is why you probably see a lot of people
complaining about it but we will get
into all the details of that later in
this video the first thing we need to
understand is two very important words
that are going to completely transform
how you think about copyrighted material
and those words are fair use now fair
use is not just a YouTube thing fair use
is a legal doctrine that applies to
copyright law and it basically says that
there are certain circumstances and
situations where you are allowed to use
other people's work and their
copyrighted content in your own content
but to understand what those situations
and circumstances are there are four key
points and we're going to go through
each of them right now for simplicity
I'm gonna try and translate the legal
jargon of fair use into more practical
and relatable terms we're all going to
understand and so bearing that in mind
the first point about fair use is
whether your use of the work is
transformative and what I mean by that
is are you changing the value or meaning
of some way from the original work or
are you just stealing it essentially so
in a more practical real-world example
but let's say you're watching an episode
of one of your favorite TV shows since I
use this on my own channel
let's look at Rekha Morty you're
watching an episode you're thinking huh
this is a really good episode I'm gonna
post this on YouTube and so you just rip
the entire episode as a file upload it
to YouTube that is definitely not fair
use you have not transformed it at all
that's piracy and so that is not going
to go well however what I did in my
video is that I took elements of wreckin
were to construct a new narrative it was
a completely different work that was
making a completely different point it
was an educational video using using the
original work but to do something
completely different so just completely
taking the work and reusing it is not
okay but taking it and transforming it
to something new changing the meaning
changing the value changing what it is
about that normally would class as being
transformative hopefully you still with
me here because the second point of fair
use is the amount of the copyrighted
material you use in relation to the
overall length of the copyrighted
material so again putting that in our
Rick and Morty example when you're using
a full episode you are literally taking
100% of the work and using now just
using a very small clip it's actually a
very tiny fraction of the whole work and
so that is normally much more
justifiable as fair use so it's a case
of when you're looking at using
copyrighted material are you trying to
use the entire thing or a big chunk of
it or the heart of what it's about or
are you just taking a very small element
of it because if you are that's a high
chance that it's gonna fall under fair
use the third factor of fair use that
they consider is the effects that you
using the copyrighted material will have
on the commercial success of the
original copyrighted material so if what
you're doing with someone else's work is
going to negatively affect them it's
going to potentially hurt their sales
stop people from buying it because they
can just watch yours instead then that
is less likely to be fair use than if
doesn't remotely affect the commercial
success of the original then that's more
likely to be fair use and then the
fourth and final factor of fair use
that's a lot of F's is the nature of the
copyrighted work so a couple of things
here if it's something that's already
been published which almost certainly it
will be if you're using it that's more
likely to be classed as fair use if it's
something that's factual you know for
example if you're taking something from
a biography or something that's been
published as fact that definitely helps
your case for fair use and certainly if
you're using it in kind of like an
educational way you're trying to present
facts rather than just trying to purely
profit from it that's gonna help your
case for fair use as well and let me now
just take this opportunity to
congratulate you because the fact you're
still here at this point and made it
through all that legal stuff shows that
your attention span is much better than
most people but the fact is we have to
cover those kind of boring points
because that is the heart of what fair
uses and once you understand that that's
how you can determine whether you can
legally use other people's copyrighted
material in your own work those are the
key factors but just as a very final
point to summarize all of this with fair
use if we go back to that example I
mentioned with that Rick and Morty video
I posted that was exclusively using
clips from the TV show rekha Morty now
hopefully you can see why that falls
under fair use and why just posting an
entire episode of the show Woodham
because the video I did not only was it
transformational because it was changing
the meaning of the original work number
two it was only using a very small
portion of the overall work it wasn't
using an entire episode it was just
little clips number three it's not
remotely affecting the commercial
success of Rick and Morty people aren't
gonna stop paying for Rick and Morty and
stop watching the show just because of
that video if anything it helps boost
people watching the show maybe a couple
of people discovered it from the video
in fact I actually know one person who
did and number four it was done with an
educational intense not purely just
trying to profit from it so that kind of
covers all four of those fair you
factors so I'm pretty sure I'm in the
clear there but and it is a big button
now just because you know you are in the
clear for fair use doesn't mean that
someone can't still copyright claim your
video and this brings us back to the
beginning of this video where I was
saying a lot of youtubers complain the
copyright system just doesn't work
because even if it's fair you still gain
people trying to claim their video and
the reason for this is that some
companies who own footage like you know
production companies who own the rights
to movies and TV shows they're not
spending time watching videos and going
oh is this fair use does this hit these
factors they see a video on YouTube that
is using their material and they just
immediately claim it what then happens
is the youtuber the Creator has the
option to say no actually that that's
fair you so I'm allowed to do that what
happens then if they do that is it goes
back to the company that claimed it and
they can then do one of two things they
will either actually spend some time and
watch the video and go oh my bad sorry
about that here you go the videos live
again you can monetize it clearly this
is fair use a hub mistake that very
rarely happens what normally happens and
this is just a guess but I'm imagining
that someone at the offices of that
production company they see that the
youtuber has rejected their claim and
they just go nope
not having that not having that will
have the money for this video thank you
we'll have control of this video you're
using our copyright because probably
they don't even have time or well they
do have time but they're not willing to
go and actually watch the video to see
if it is fair you so it's just easier
for them for every appeal just to reject
every single one of them and this is why
people get so frustrated because they're
saying clearly a real human hasn't
reviewed this or they to see it was fair
use and then they go to YouTube and say
this isn't fair you're letting the
production company the person who owns
the copyright decide if it's fair youth
or not and of course they're biased
but there's a final stage in this appeal
process and this is the part that people
don't do and that final stage is that
once you've appealed the initial claim
they've rejected it you can then go back
to them a final time which is what most
youtubers don't do and they then either
have to put your video live again and
concede defeat and you get all the money
from it or they have to take you to
court which I know sounds terrifying
obviously you don't want to go to court
over a YouTube video but just think
about this for a second if you know your
video is fair use why on earth would
they spend time money resources get all
that bad press for the sake of trying to
take you to court over a YouTube video
that clearly is fair use because these
companies are gonna have lawyers and so
before making a decision like trying to
file a lawsuit against you the lawyers
are gonna look at it and they're gonna
know that fair use exists and so they're
gonna immediately see that this is fair
use unless you have literally broken
fair use and violated those principles
we just said and you've uploaded a
pirated version of it there is no
logical reason they would try and take
it any further and I know this option
sounds scary but I've done a lot of
research on this and the people who
actually take it to that final stage I
in every example I saw the youtuber one
and they drop the case the YouTube have
got the full money for the video the
video is completely fine from then on
the problem is most people don't take
that step because either they don't even
realize about it or more likely they see
that scary thing saying that if you're
lying and it isn't fair use that you
could go to court over this but as long
as it is fair use as long as you have
followed these guidelines and you
understand them I can't see any reason
that there's gonna be an issue there now
of course you need to do your own
research so you feel comfortable with
this and you actually understand fair
use and know you're in the right but if
you are in the right then there's not
really anything to worry about by
disputing it because if it is clearly
fair use then that's a loud fair use is
a legal doctrine that
texe creators in this way that's what
it's there for if that's all too much
for you right now though and you're just
thinking I want to stay away from all of
this then firstly I would say look into
a bit more yourself do a bit more
research because it's not as bad as it
sounds but number two I would say that
there are other things you can do for
example you can reach out and get the
copyright holders permission in some
cases if it's someone accessible number
two is that you could use stock footage
there's free stock footage down stock
footage you can buy to use extra b-roll
and material in your video so rather
than using film clips and TV shows there
is a lot of stock footage you can use
that's just copy and paste into your
video to kind of add an extra element to
it so if you're just kind of looking for
b-roll there is a free and easy
alternative that's available to you
there's sites like pixels and pixabay
but kind of give you a huge library of
footage to use but seriously I can't
stress enough I wouldn't be saying this
stuff if I hadn't done fair research on
it and you know that I clearly have
because I myself have videos on my
channel that use fair use and if I'd
done all this research and concluded
that there was a chance that I was
actually going to get sued over this
then I wouldn't have put them up but now
I want to talk about Evan Carmichael
because if you've ever seen his channel
before you'll know he is very successful
on YouTube with well over 2 million
subscribers and yet the majority of his
videos are using material from other
people he often takes clips from
entrepreneurs and successful people and
kind of remixes these clips together to
form like top 10 videos or best of
videos and so a huge amount of the
content on his channel is content from
other people now hopefully you can
remember back to the fair use principles
we talked about earlier and realize that
quite a few of them do actually apply to
Evan Carmichael's channel but there's
kind of an extra element to it that I
think isn't really talked about when it
comes to copyright and fair use and I'm
gonna call it the how does this make me
look factor
catchy name right but just for a second
put yourself in the shoes of one of
these successful people whoever features
on his channel let's say one day you
wake up and there's a top 10 video on
Evan Carmichael's Channel
with the top 10 lessons that you've
given out and you click on it and you
realize wow he's literally taken content
from my channel or from my website and
rematched it into a top 10 compilation
on his channel and he's making the money
from it now
but then just think about this for a
second
would your reaction be right I've got to
get this taken down or would it actually
be this makes me look really good I am
being positioned here as an expert on a
channel with a millions of subscribers
everyone is talking about me extremely
positively he is literally saying I am
someone that people should learn from do
I really want to take that down
I am losing absolutely nothing here and
I am potentially gaming some new fans
and definitely building my credibility
and so my guess is that very few
entrepreneurs or successful people who
had a video popup on Evans channel would
ever think oh I need to get that down no
they'll be thinking this is great and so
I actually think this kind of unwritten
factor is something to hugely consider
when you're thinking about using
copyrighted material because on the flip
side I've seen cases that 100% are
blatantly fair use but the person has
been talking about another person in a
very negative way and they've been using
their copyrighted material to make a
very negative point about them to kind
of either shame them embarrass them to
highlight something terrible about them
whatever it is there's a very negative
association to using their content so
it's the complete opposite of Evan where
he's kind of saying look at this expert
all these great lessons in examples
where it's the reverse of that and
someone is trying to tear someone down
or use their own content against them to
say something negative that's when the
problems arise and so even if that
person has done it in a way that's fair
use the person obviously who's being
kind of attacked with this content is
gonna want to get that taken down even
if it is
and so they are gonna be fighting it all
the way so I think this is an
interesting way to view it am i doing
something positive for the creators of
the original copyrighted material
because if you are it's not really in
their best interests to try and claim
against you anyway there's no real
reason for them to want to take it down
but on the flip side if you're doing the
opposite and you are trying to you know
say something negative about someone or
a group of people that's when the
problems may come when it comes to
trying to battle it out for copyright so
bear that in mind as well
okay so we've kind of covered a lot
there we've bounced around all these
different elements of copyright and fair
use and right now you might just be a
little bit overwhelmed by at all but the
bottom line is this you 100% can use
copyrighted material in your own YouTube
videos in your own social media content
but do a little bit more research first
on fair use just so you fully understand
it bear in mind whether you're putting a
positive or negative slant on that
personal about copyrighted material and
then make an informed decision about
whether you feel comfortable posting it
I'm willing to bet if you've followed
the fair use principles and you've
actually looked into this you will be
100% fine but the very final thing you
might be wondering is the literal how do
you use movie clips and TV clips in your
videos and there are a couple of options
number one there's a site called play
phrase not me which is a search engine
where you can type in the phrase you're
looking for and it will bring up some
movies and TV shows that have that
phrasing that you search so it's kind of
like Google but you're just searching
specifically within TV shows and movies
so if there's a quote you have in mind
that you can picture in a TV show or you
just want to find a quote based on a
certain word or something you can just
type that in on that website and it will
bring you videos that are related and
you can save them add them into your
video using any video editing software
because once you've downloaded the video
of the copyrighted material using any
editing software you can just copy that
video into your video and then you're
good to go
the second option now rather than using
that site
is to use YouTube itself and find the
material you want to use in a YouTube
video in an existing YouTube video
download that video and then again cut
out the bit that you want cut out this
the scene or the clip or the quote that
you want to use in your video because
the reason I like this method in
particular is that the fact is if that
copyrighted material is already on
YouTube and it was uploaded by someone
other than the official channel for that
TV show or that movie the chances are
that that production company aren't
taking down videos because if the
copyrighted material is literally
already on YouTube because someone else
has uploaded it by the sound of it
they're not looking for you know
youtubers that they can go after with
copyright strikes so you're probably
gonna be ok using it if it's fair use
without even getting a copyright strike
but you can't bank on that but as long
as you're using fair use there shouldn't
be an issue so you can go to youtube
search for the scene that you want to
find and download the YouTube video from
there so hopefully that's given you a
couple of ideas about how you can do it
I'm sure you can get creative with your
own methods as well but if you do have
any questions feel free to drop them in
the comments below and I'd be happy to
try and help out if I can but just to
finish here I want to ask you a quick
question and that is would you like to
do YouTube
full time like literally replace your
job with YouTube because if the answer
to that is yes then it's actually a lot
more achievable than you think and I am
living proof of this that even with a
relatively small amount of subscribers
you can build a business with the
YouTube YouTube is an incredible
platform and there are opportunities
with it that most people just don't
realize because most people are trying
to be youtubers I'm saying become a
YouTube magnate big difference and if
you are interested in understanding what
my difference is and how you yourself
can make a full time income with YouTube
then please go and check out the top
link in the description of this video
because it is gonna help you so much
understand how you can do that and I'm
excited for you because honestly people
just don't understand the potential with
you
they're too busy trying to make money
from ads when that is the wrong way to
do it so feel free to go and check that
out and I will see you next time Cheers
[Music]
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