Fair Use: Legally Use Movie Clips & Copyrighted Material In Your YouTube Videos

Summary

This 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

00:00

🎬 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.

05:01

🚀 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.

10:03

🤝 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.

15:04

🌟 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.

Keywords

💡Copyright

Copyright is a legal term that refers to the rights given to creators for their literary, musical, and artistic works. It is a form of intellectual property that gives the creator exclusive rights to reproduce, distribute, perform, display, or license their work. In the context of the video, copyright is central to the discussion on using movie and TV clips in one's own videos. The video explains that while copyright protection exists, there are legal doctrines like 'fair use' that allow for the use of copyrighted material under certain conditions.

💡Fair Use

Fair use is a legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. It is a defense against copyright infringement and is intended to allow for the use of copyrighted material for purposes such as commentary, criticism, news reporting, research, teaching, or scholarship. The video emphasizes the importance of understanding fair use, as it is a key factor in determining whether using clips from movies and TV shows in one's videos is legally permissible.

💡Transformative

In the context of copyright law, transformative refers to the use of copyrighted material in a way that adds new expression or meaning to the original work. The video explains that using clips in a transformative manner, such as creating a new narrative or commentary, can fall under fair use. An example from the script is using clips from 'Rick and Morty' to create an educational video that presents a different point, thus transforming the original content.

💡Monetization

Monetization in the context of YouTube refers to the process of earning revenue from content, typically through advertising. The video discusses how understanding and applying fair use correctly can prevent a video from being demonetized due to copyright claims. It is a crucial concept for content creators who wish to generate income from their videos while using copyrighted material.

💡Copyright Claim

A copyright claim occurs when the owner of a copyrighted work identifies that their material has been used in a video without permission. In the video, it is mentioned that even if a use is fair, copyright holders can still issue claims. Content creators then have the option to dispute these claims if they believe their use falls under fair use.

💡Stock Footage

Stock footage refers to pre-shot footage that is available for use in various types of media projects. The video suggests using stock footage as an alternative to copyrighted material, allowing creators to add visual elements to their videos without the risk of copyright infringement. Websites like Pixabay and Pexels are mentioned as sources for free stock footage.

💡Play Phrase

Play Phrase is mentioned in the video as a search engine that helps users find movie and TV show clips containing specific phrases. This tool can be useful for content creators looking to incorporate specific quotes or scenes into their videos while adhering to fair use principles.

💡Evan Carmichael

Evan Carmichael is a successful YouTuber mentioned in the video as an example of someone who uses clips from other people's content in his videos without facing copyright issues. His channel typically compiles clips of entrepreneurs and successful individuals into educational and inspirational videos. The video suggests that the transformative nature of his content, along with the positive portrayal of the individuals featured, likely contributes to the lack of copyright disputes.

💡Educational Content

Educational content refers to material that is intended to inform, teach, or instruct. In the context of the video, creating educational content using copyrighted material can be a valid form of fair use, as it serves a different purpose than the original work and adds value to the educational discourse. The video's discussion on fair use includes the point that using copyrighted material for educational purposes is more likely to be considered fair use.

💡Commercial Success

Commercial success refers to the financial or market success of a product, service, or endeavor. The video explains that one of the factors considered in fair use is whether the use of copyrighted material will negatively affect the commercial success of the original work. If the use does not harm the original's commercial prospects, it is more likely to be considered fair use.

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]