BEST-Kept SECRETS to FAIR USE on YouTube | Media Lawyer Explains

I am the lawyer for YouTube PROs, like @mondobytes. I learn their SECRETS for using Fair Use in YouTube videos. In this video, I reveal YouTube Pros’ SECRETS for Fair Use on YouTube. I show you how to claim Fair Use on YouTube. I also answer the question, “What is Fair Use for YouTube videos?” So, if you need Fair Use on YouTube explained, this is the video you should watch.
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CHAPTERS:
0:00 Fair Use SECRETS of the Pro's
0:39 @PewDiePie - Master of Fair Use #1
3:13 @KnowingBetter - Master of Fair Use #2
5:37 @LegalEagle - Master of Fair Use #3
8:54 MORE SECRETS to Fair Use for YouTube
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AUDIO MUSIC & SOUND FX: Thanks Epidemic Sound! for “Gimme That” by Katnip.
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© 2021 Ian Corzine. All rights reserved.

#fairuse #copyright #Shorts

[iancorzine]

Do you have any questions about how to use Fair Use in your YouTube videos?

[LegalEagle]

Oh Ian, you think I don't get copyright claims? You sweet summer child.

[NateTheLawyer]

This is a superior video on fair use.
This should be required viewing for fair use.

[FantomMC]

Really helpful tips for any creator and honestly some of them are just generally good practices that help push creators to improve both their editing skills and content presentation manners!

[ChiaTalks]

Came from Armando’s channel. Good stuff you got going on here

[CynsCorner]

Some claimants don't care about fair use. Especially if they've feeling vindictive.

[Jasontoddmartin]

Love this! My question is: doesn’t YouTube and Facebook have automated bots flagging content without human intervention? On Facebook I had a video taken down even though it was clear to a human watching it that I was commenting, reviewing+ critiquing and educating and clips were short. How do they actually accommodate fair use in their algorithm? Doesn’t seem like they do until you dispute it?

[BILLYMORGAN]

Why does youtube themselves, identify copyrighted material with content ID, say it's okay and that the rights holder allows it and then later allows an agent of the right's holder to manually submit a DMCA? I was under the impression some agreement was formed because it's been rare(probably due to channel size)but it's grossly misleading for a "venue" like youtube to think they're owed safe harbor when they're basically facilitators. I understand fair use but youtube does in fact give publishers the option of monetizing, sharing monetization or dmca. I personally think for cover versions youtube should purchase a blanket license. People doing reaction videos are not really fair use, they are piracy of the original sound recording and or film. They hide a lot of content behind paywalls, ghosted videos, distorted sound or even pitch shifted sound. That's not transformative, since their videos are not about the alterations but a means to game the system. 99% of reaction music videos use 100% of the original sound plus the video and publisher want way more money for that. People are also watching them because they saw a song they liked. They show about 25-30% of a movie and instruct users to join their patreon to see the whole movie of them making faces while watching. Ummm??? There's nothing fair about a lot of the content on this site. I know I am violating copyright but I was misled now I am rebelling. They'll never admit it. They look for videos on how to avoid copyright strike...gaming advice not legal advice.

[fedebaez]

You should do more of this kind of videos, they are great...

[matttomlin]

Instead of using stock footage for YouTube automation, can you use borrowed art as long as you provide original commentary over top?

[graffitihandstyles]

Great tips in here! I'm going to use these tips in my future content!

[jaguarprophett]

As a member of the International Documentary Association and having read the Fair Use Act, it stipulates under "Quoting Copyrighted Works of Popular Culture to Illustrate and Argument or Point" that documentarians are best positioned to assert fair use claims if they assure that "the material is properly attributed, either through an accompanying on-screen identification or a mention in the film's final credits." Would this also constitute a fair use of unlicensed copyrighted material? Thanks.

[AndrewFriedberg]

I transform the content in my videos drastically, adding about 20minutes of commentary, and they still get taken down. Literally nothing the creator can do.

[BreadofLifeChannel]

Hi Ian! I'm still confused about fair use. Can I use video clips of people teaching concepts to enhance something I'm teaching? For example, "Here's what Dr. So and So says, " and then show a clip and discuss it? Thanks!

[BrainySnippets]

Watching this was like getting it straight from the horse's mouth because of your legal expertise. I'll apply this to my future projects. By the way I'm so new as a creator and glad I stumbled into this wealth of information. Keep the vids coming and thank you!

[Will.]

I'd love to see more of these types of fair use analyses. But does time shown truly matter for photos? One of the factors for fair use determination is the amount of the work used which makes sense for video and music but for photos even if you only show it for a few seconds you are still using 100% of the work.

[synophlex]

Fair use is not really an answer if the second a copyright holder slaps a demonetization for copyrighted material complaint on your video no one really appeals it. So basically people are volunteering their time at that point. What would be a better solution is using 40 year old laws that were created to give content “broadcasters” a blanket licence. Technically youtube is the broadcaster and should be legally required to cover all royalties. The content creators are simply the dj’s employed by the radio station “youtube”. This is clearly an example of huge companies teaming up to bully and extort people on digital media platforms and rob them of monetization.

[adventureswithtime]

I notice some creators add text near the beginning of their video something like “all photos used under fair use”. Is this advisable?

[candylandrants]

I'm positive that our movie reviews/parodies / criticisms are under fair use but I still get copyright claims which are rejected. I submit a detailed legal breakdown of the videos. You said we should appeal but I'm scaaaared 🙊

[CooksArt]

Can you use just your voice or do you need to be on camera to be able to use the video?