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YouTube question


Ben J.
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I've seen companies use clips from youtubers in their videos many times. I wanted to know if, as long as you give credit to the youtuber, its okay to use part of their video in yours? I know there are things like fair use, and this would be used for a product video but it is also sharing awareness as well (though mainly, a product video).  Is it legal to show a youtuber's work as long as you give them credit?  I wanted to use a clip from this youtuber because it show the danger of not wearing a mask when playing airsoft.

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3 hours ago, Ben J. said:

I've seen companies use clips from youtubers in their videos many times. I wanted to know if, as long as you give credit to the youtuber, its okay to use part of their video in yours? I know there are things like fair use, and this would be used for a product video but it is also sharing awareness as well (though mainly, a product video).  Is it legal to show a youtuber's work as long as you give them credit?  I wanted to use a clip from this youtuber because it show the danger of not wearing a mask when playing airsoft.

I'm interested in how you would plan to download/access this bigtime YouTuber's video to edit a clip that is usable, considering YT image killing compression.

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There was a recent reaction video that @Tito Ferradans posted, reacting to a video about anamorphic lenses that was published on another YT channel.  Apart from fact-checking the other video, almost to death considering that it got a lot of information wrong about anamorphic lenses, Tito also mentioned that the other video had used shots from his video without permission, and that he went through the process to have it taken down as they used his content without his permission.

So I think you're meant to get permission, regardless of the circumstances, and if you don't then you leave yourself open to take-down requests.  I've heard instances where people had their own content taken-down by other people who claimed their content as their own, and the mechanisms seemed to be skewed towards taking the content down, instead of leaving it up by default.

Also, considering I mentioned Tito and anamorphics, go watch his channel - it's awesome!

https://www.youtube.com/user/tferradans

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  • Andrew Reid changed the title to YouTube question

I've issued successful strikes against other content creators with 10 to 4M subs that used any of my content (in one case, it was a 1-second clip.) Attribution is irrelevant. Fair Use doesn't allow a creator to use content (with or without attribution) to illustrate their video, unless the video is in some way commentary about the creator of the clip. This is not a gray area. I issue take-downs several times a month to creators that are too lazy to shoot their own stuff (looking at you Donut Media.) 

On the flip-side, DC Shoes ones claimed one of my videos as theirs. (It was 100% my content.) Thankfully, I knew the creative director over there and I gave him a call. Unfortunately, the video was trending when they claimed copyright and that killed the momentum and it never recovered. They blamed it on an intern. That was almost a decade ago at this point, and I haven't had any issues like that for a long time. 

 

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Always ask, always receive permission (in writing) and always credit.

Not so much video, but it doesn't just piss me off, it actually hurts my business and benefits others when my work is posted without credit.

The typical scenario is Wedding Planner X wants certain images from me.

Despite having a contract with T&C's, WPX passes the pics on to Venue A.

Venue A splatters them all over their website and social media and whilst usually not directly crediting anyone else (or anyone at all), has a list of recommended associates of which I am not one.

I've also had many of my image posted without credit and then sneaky photographers spot that and post a comment that does not directly claim credit, but could be interpreted as such.

I once had a venue request images from me for their brochure.

I provided and they sent me a proof of the brochure before it went to print.

They ended up using my pics for 42% of the brochure including every full page image.

On the rear cover, they had a list of the NINE photographers credited. And I was not one of them.

When I tackled them on this, they stated, "oh, you are not one of our recommended photographers so we can't credit you".

My immediate response was an instruction to remove all my pics.

They added me in response in 10th place.

The reality was I should have been credited in bold at the top and in a larger font and then the other 9 listed below as a block in something smaller.

Just one of many incidents in my 20+ years of dealing with such fuckwittery... 🤨

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On 3/25/2021 at 1:49 PM, Ben J. said:

I've seen companies use clips from youtubers in their videos many times. I wanted to know if, as long as you give credit to the youtuber, its okay to use part of their video in yours? I know there are things like fair use, and this would be used for a product video but it is also sharing awareness as well (though mainly, a product video).  Is it legal to show a youtuber's work as long as you give them credit?  I wanted to use a clip from this youtuber because it show the danger of not wearing a mask when playing airsoft.

This is by no means professional legal advice, however if you're using the content in an editorial manner it falls under fair use. That doesn't mean you shouldn't at least try to get permission.

Even if you are within your right to use it they can file a takedown notice with YouTube. When that happens you have two options: accept it or refute it. If you refute it YouTube will inform the other party and they'll then need to go through the legal system to prove their case. 

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On 3/31/2021 at 1:38 AM, rdouthit said:

I've issued successful strikes against other content creators with 10 to 4M subs that used any of my content (in one case, it was a 1-second clip.) Attribution is irrelevant. Fair Use doesn't allow a creator to use content (with or without attribution) to illustrate their video, unless the video is in some way commentary about the creator of the clip.

You were correct until the "creator of the clip" part. Clips can be used for commentary/editorial and satirical purposes as long as you're using it in the proper context. 

I can understand being annoyed that someone used a clip of something you created and didn't ask for permission, but please do not abuse the system that is used to report legitimate violations of copyright. As someone that has quite a few friends that are documentarians, I know how often they have to deal with people doing that despite it falling under fair use. 

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1 hour ago, newfoundmass said:

You were correct until the "creator of the clip" part. Clips can be used for commentary/editorial and satirical purposes as long as you're using it in the proper context. 

I should have included commentary/satire in my post, but that's not something that someone would pull my content for. My content is usually used when someone is talking about a specific vehicle and they don't have proper footage. So they grab mine. That use is absolutely not covered under Fair Use. 

I've been in publishing and production for 20 years and my application of the copyright tool is completely within legal guidelines (and YouTube has always agreed with my claims.) Even if my forum posts are as comprehensive as they should be. 😉

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9 hours ago, rdouthit said:

For those of us that like to revise posts after the fact for clarity... the 5 minute lock on articles here is really frustrating. Now I have grammatical errors that will live on forever. Above should say "Even if my forum posts AREN'T as comprehensive as they should be."

Thanks for clarifying. My friend is going through a nightmare right now because Russian trolls have filed takedown notices on a documentary he self funded. They'll falsely claim a clip is being used illegally, which pulls down his video for the 30 or whatever days they have to file legal actions after he refutes it. Then when the video is finally restored another troll will do it all over again. It has happened 3 times so far, all because it documents Russian atrocities in Syria. It has made it pretty much impossible for him to recoup the tens of thousands of dollars he spent making it and he has no recourse other than going through YouTube's process since he's not an outlet like VICE that can reach out to YouTube easily and put an end to it. 

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52 minutes ago, newfoundmass said:

Thanks for clarifying. My friend is going through a nightmare right now because Russian trolls have filed takedown notices on a documentary he self funded. They'll falsely claim a clip is being used illegally, which pulls down his video for the 30 or whatever days they have to file legal actions after he refutes it. Then when the video is finally restored another troll will do it all over again. It has happened 3 times so far, all because it documents Russian atrocities in Syria. It has made it pretty much impossible for him to recoup the tens of thousands of dollars he spent making it and he has no recourse other than going through YouTube's process since he's not an outlet like VICE that can reach out to YouTube easily and put an end to it. 

Yikes!!! That is scary.

Unfortunately, there probably won't be an easy solution any time soon.

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9 hours ago, Mark Romero 2 said:

Yikes!!! That is scary.

Unfortunately, there probably won't be an easy solution any time soon.

Or at all.  Telling truth to power / truth about power is regarded as an extreme act for good reason.

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