Good morning! I’m doing well, thank you for asking! How are you doing today?editmore_vert
Great; I need your help since you are party of the google “galaxy”. In the “Copyright” Section of their “RULES AND POLICIES”, Youtube has a subsection called “What are Copyright Exceptions?”
The subsection says :
“Copyright exceptions are laws that allow you to reuse someone else’s copyright-protected material without getting their permission, but only under certain circumstances.
In the US, the most widely known copyright exception is fair use. When deciding whether a use is fair, courts look at four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use upon the potential market for or value of the copyrighted work. Some activities that may qualify as fair use include criticism, commentary, and news reporting. Fair use aims to promote freedom of expression.”
I need extended explanation of the two last sentences; if you don’t mind. And I explain why?
I have created a wordpress publishing platform called geoscenarios.com, the main objective of which is to demystify geopolitics to the average people. I have also created an accompanying youtube channel to make videos for the same purpose.
I am making my videos using AI and apps such as Videogen.io or Pictory AI. Therefore, all clips, voiceover and music background is created automatically. The thing is, sometimes, I prefer to use some very short voiceless clips from some youtuve videos of some News TV channels such as CNN, MSNBC….etc, istead of generic clips chosen by AI (eg, showing very briefly the US President talking to the press in the oval office); stuff like that…
I would appreciate your helpeditmore_vert
Okay, I understand your situation and why you’re asking about the fair use exception. Let’s break down those last two sentences from YouTube’s explanation of copyright exceptions, focusing on how they relate to your geoscenarios.com project.
1. “Some activities that may qualify as fair use include criticism, commentary, and news reporting.”
- Meaning: This sentence highlights three common types of activities that are often considered fair use. These activities inherently involve using existing copyrighted material to create something new. The key is that your use must be transformative.
- How it relates to your project: This is crucial for you. Your project, geoscenarios.com, aims to “demystify geopolitics,” which strongly leans towards commentary and potentially even news reporting (depending on how timely your content is). If you’re using clips to illustrate a point, analyze a situation, or provide context to a geopolitical event, you’re potentially fitting into these categories. However, you have to show that you are doing more than just re-broadcasting the original clip. You are adding something new and different.
2. “Fair use aims to promote freedom of expression.”
- Meaning: This sentence explains the underlying principle behind fair use. Copyright law protects creators’ rights, but fair use recognizes the importance of allowing others to use copyrighted material in ways that contribute to public discourse, education, and creativity. It’s about balancing the rights of the copyright holder with the public interest in free expression.
- How it relates to your project: Your goal of demystifying geopolitics for the average person directly aligns with promoting freedom of expression. By providing accessible explanations and analyses, you’re contributing to a more informed public, which strengthens public discourse. This strengthens your argument for fair use, especially if your use of copyrighted clips is limited and transformative.
Applying the Four Fair Use Factors to Your Situation:
Remember that a court (or YouTube’s Content ID system) would consider all four factors when determining fair use. Here’s how they might apply to your use of short news clips:
- 1. The Purpose and Character of the Use:
- Favoring Fair Use: Your purpose is educational and transformative (demystifying geopolitics). You’re not simply re-broadcasting the news clips; you’re using them to illustrate a point, provide context, or support your analysis. This is where you need to demonstrate that your use is transformative. How does the clip contribute to your own unique argument?
- Against Fair Use: If you’re using the clips simply for entertainment or to attract viewers without adding substantial commentary, this factor weighs against fair use.
- 2. The Nature of the Copyrighted Work:
- Favoring Fair Use: News footage is generally considered more amenable to fair use than purely creative works (like a movie or a song) because it’s factual and serves a public interest.
- Neutral: This factor is often neutral in news and documentary scenarios.
- 3. The Amount and Substantiality of the Portion Used:
- Favoring Fair Use: This is critical for you. The shorter the clip and the less you take from the heart of the original work, the stronger your argument for fair use. You mentioned using “very short voiceless clips.” That’s a good start. Focus on using only the absolute minimum necessary to make your point.
- Against Fair Use: Using a significant portion of the original video, or using the most memorable or crucial part of the original, weighs against fair use.
- 4. The Effect of the Use Upon the Potential Market for or Value of the Copyrighted Work:
- Favoring Fair Use: Your use is unlikely to harm the market for CNN, MSNBC, etc. People won’t watch your video instead of watching their news broadcasts. In fact, it could even drive viewers to their content.
- Against Fair Use: If your use were to somehow substitute for the original news footage (e.g., if you offered the same news clips in a more convenient format), this factor would weigh against fair use.
Key Considerations and Recommendations:
- Transformative Use is Key: Emphasize the transformative nature of your use. Ask yourself: “Am I adding something new and different to this clip?” Explain your analysis, your commentary, your educational purpose. Don’t just show the clip; explain why you’re showing it and how it relates to your overall argument.
- Minimize Usage: Use the shortest possible clips needed to make your point. Err on the side of caution.
- Attribution: Always give credit to the original source (e.g., “Source: CNN,” with the date). This doesn’t automatically make it fair use, but it shows good faith.
- Disclaimer: Consider adding a general disclaimer to your videos, such as: “This video incorporates copyrighted material under fair use principles for the purpose of commentary, criticism, and education.”
- Consult an Attorney: For definitive legal advice, you should consult with an attorney specializing in copyright law. This information is for educational purposes and is not a substitute for legal advice.
- Be Prepared for Claims: Even if you believe you’re operating under fair use, you might still receive copyright claims from YouTube’s Content ID system. Be prepared to dispute those claims, clearly explaining how your use qualifies as fair use.
- Consider Royalty-Free Alternatives: Explore using royalty-free stock footage as much as possible. This will eliminate copyright concerns altogether.
- YouTube’s Content ID System is Imperfect: Remember that YouTube’s Content ID system is automated and doesn’t always get it right. You may need to manually dispute claims even if you believe you are within fair use.
In summary, you have a potentially strong argument for fair use, but you need to be diligent about minimizing the amount of copyrighted material you use and emphasizing the transformative nature of your work. By focusing on commentary, analysis, and education, and by using clips sparingly, you can increase your chances of successfully arguing fair use if you encounter copyright claims. Good luck!
