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Fair Use and Attribution of Unlicensed Content in YouTube Videos

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  • 10-13-2014, 02:45 PM
    Listalgia
    Fair Use and Attribution of Unlicensed Content in YouTube Videos
    I have a commercial YouTube channel centered around interesting facts accompanied by relevant footage.

    My question is in regards to fair use, and if it can be applied to my videos. Currently, I cite all my image / video sources in the video description and attribute them accordingly. I only use creative commons work that is fair for commercial use via a license. I know if I attribute the imagery I am justified to use it for commercial purposes, but when I visit other similar YouTube channels, I notice they do not cite their image and video sources and attribute the creators in their description. They even use imagery that is not specifically under a fair commercial use license (All rights reserved imagery).

    Could this be because the video style meets the fair use standards of commentary or education? In other words, would my commercial channel qualify for fair use in the sense of commentary or education? It would be wonderful if I could use any imagery I wanted instead of finding imagery with a license and then citing every image I use in my video descriptions.

    Any help or advice would be appreciated, thanks.
  • 10-13-2014, 02:52 PM
    Disagreeable
    Re: Do My Monetized Youtube Videos Qualify for Fair Use
    You seem to be doing a good job promoting your web site. 625 hits in a week. Is there anywhere you are not promoting the series?
  • 10-13-2014, 02:56 PM
    Listalgia
    Re: Do My Monetized Youtube Videos Qualify for Fair Use
    I'm not doing this for promotion, in fact, I never promote. I was looking for an actual answer or at least something to help me out.

    I got those views through my 2,400+ subscribers, youtube search, etc.
  • 10-13-2014, 02:59 PM
    Disagreeable
    Re: Do My Monetized Youtube Videos Qualify for Fair Use
    You do not own the rights to anything they have listed. Therefore have no standing to complain and put competitors out of business.
  • 10-13-2014, 03:01 PM
    Listalgia
    Re: Do My Monetized Youtube Videos Qualify for Fair Use
    That was never my intention. Did you read my post?

    I was wondering why the "competitors" don't cite their sources in the description for their imagery. Is it because it qualifies as fair use? If so, that'd save me a lot of time while composing videos.
  • 10-13-2014, 03:05 PM
    flyingron
    Re: Do My Monetized Youtube Videos Qualify for Fair Use
    Citing sources does't make infringement any more legal. Being licensed (creative commons or otherwise) is DISTINCT from fair use.
    In my opinion, all you've done is EXPLOIT the copyrighted material. You are not in the guise of educational or review use. Just saying "It's educational" doesn't cut it.
    Besides, fair use won't keep you from being sued by the people you are RIPPING OFF, it just is something you can TRY when you are in court to try to avoid the inevitable verdict against you.
  • 10-13-2014, 03:06 PM
    Disagreeable
    Re: Do My Monetized Youtube Videos Qualify for Fair Use
    That depends on whether your video contents are challenged by the owners of the images and a take down notice issued. More than one can cause your account to be suspended.


    Quote:

    Quoting Listalgia
    View Post
    That was never my intention. Did you read my post?

    I was wondering why the "competitors" don't cite their sources in the description for their imagery. Is it because it qualifies as fair use? If so, that'd save me a lot of time while composing videos.

  • 10-13-2014, 03:11 PM
    Listalgia
    Re: Do My Monetized Youtube Videos Qualify for Fair Use
    @flyingron

    I understand what you are saying, but I want to make sure you understand the situation correctly.

    Currently, I use creative commons commercial licensed imagery in all my videos and give proper attribution (I know I'm not infringing any rights).

    I've seen larger commercial channels with similar concepts (top 10 lists) use images that fall under the all rights reserved licenses and get away with it without even as little as citing the work (which wouldn't justify using it anyways). I believe they do this because they believe their content is used in terms of fair use.

    Do you think that is fair use in anyway?
  • 10-13-2014, 03:14 PM
    flyingron
    Re: Do My Monetized Youtube Videos Qualify for Fair Use
    It's not fair use. What you believe they believe is completely pointless. Unless it is YOUR material, you don't have a bone in the hunt.
  • 10-13-2014, 03:17 PM
    jk
    Re: Do My Monetized Youtube Videos Qualify for Fair Use
    Quote:

    Quoting Listalgia
    View Post

    I was wondering why the "competitors" don't cite their sources in the description for their imagery. Is it because it qualifies as fair use? If so, that'd save me a lot of time while composing videos.

    You would have to ask them. only they, and their hairdresser, knows for sure.
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