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.