Four Factors of YouTube Fair use Explained 2022 [Copyright on YouTube]

If your using copyrighted content in your channel videos, Copyright Law will be definitely be your biggest nightmare.

That’s when you start looking for answers to questions like

Can you use video clips or sound made by someone else in your videos?

When is it actually fair use to include copyrighted material in your videos and when is it not?

These types of questions are all normal to ask especially if you have just been introduced into what copyright is

The lines between the answers to such questions are often blurred when it comes to fair use and copyright laws, …Sometimes the answers can be confusing.

Hopefully this video will help clear up some of that confusion a bit.

Now before we get any further here is a disclaimer, it is important to note that what I am sharing in this video should be taken only as general guidance and not a legal advice.

If you aren’t sure one hundred percent about how fair use law relates to your specific situation then you should consult a lawyer.

Haven said that if this is your first time to this channel and you are interested in making videos using copyrighted content make sure to checkout the playlist link that pops up on the top right of this video

and don’t forget to hit that subscribe button and lets get started

Now most creators just starting out think that if they include phrases in to credit the original video owner, fair use automatically applies to heir videos.

Unfortunately, I don’t think there is a magic phrase you can say that will protect your video from a copyright claim.

The easiest way to avoid any copyright issues altogether is to create 100% original content.

However, if you do choose to incorporate copyrighted content into your video, your best defense against a copyright claim is to gain a full understanding of fair use.

Fair use is a legal doctrine that says you can reuse copyright-protected material under certain circumstances without getting permission from the copyright owner.

Now when you are trying to determine whether or not your use of copyrighted material is covered under the fair use doctrine there are four basic questions that you’ll want to ask:

You will first want to ask yourself How much of the original content you want to use?

You should be careful when editing any video that is copyrighted, The amount of content you extract to use in your video matters

you want to use just a short piece of video clip from a video containing copyrighted material

Actually most top YouTube creators are recommending the 80 by 20 proportion

That means for every copyrighted content you are using to create your video, you need to use just 20% of the copyrighted content and 80% your own original added value

Take for example say you wan to use this video to create a compilation video,

This video as we all know is copyrighted because its a standard YouTube video not a creative common videos

Now assuming this video is about 5minutes long, …that means you can use just about a minute long video clip from this video, the 1 minute being the 20% proportion

Here is another example of one of the videos on this channel where I used a short clipof a standard video here on youtube which means the video was copyrighted

I needed Just this image to use at the begining of this video and I found it watching this guyss videos and I used it. its ust a little piecse from a single video

It is always recommented to use many related videos, taking of just 20% of each of the peice to create your compilation

So You want to Just use enough of the copyrighted content as you need to in order to get your point across.

The Next Question you want to ask your self is, What are you planning to do with the original copyrighted content that you are using to create your video?

what is the purpose or character of the use.

If you are doing something highly transformative with the content then the video you are creating will be considered a peice of video clip that falls under the YouTube fair use guidelines

Taking the original copyrighted video out of context is a good example of transforming a copyright content to your own uniue video

That’s what the Top 10 list video channels are doing, using short clips of copyrighted video clips and images to create their top 10 lists videos which as you can see generate tons of views and are monetized

I am currently working on some tools you can use to transform your videos to make them fall under the YouTube fair use, so if you are interested make sure to comeback and check the playlist that will be popping on just about now on the top right for hat set of videos

So all in all You are more likely to be covered under the YouTube fair use guideline if you are saying something quite different from what the original creator of the copyrighted video was trying to say.

The next question you want to ask yourself which is he third factor we are dealing with now is

What is the nature of the copyrighted content you are using?….What type of copyrighted work are you using?

Are you Using a creative or a fictional content (for example i this case, a documentary or film would be considered creative as oppose to cartoons which will be considered fiction)

Now if you are working with a creative or factual copyrighted content to create your videos, Your video will easily fall under the YouTube fair use

And that’s simply because the YouTube weighs toward fair use if the original work you are using is based on facts like scientific data, or quotes from a historical record

On the other hand YouTube is against fair use if the original work is based on highly creative work like a song, movie, or TV show

Lets Now just quickly go through the first 3 factors again before moving on to the next question

The first was to always use short video clips and remember we talked about the 80/20 rule

Next it was about the purpose or character of the use, What are you planning to do with the original copyrighted content that you are using to create your video?

We just looked at What the different natures of copyrighted content is and which of them will work best for you when it comes to getting your videos to fall under the YouTube guidelines

The fourth and final factor, in this case a question you should be asking your self if your video serve as a substitute for the original video in terms of potential market

The most important factor courts take into consideration when determining fair use is the effect of your use upon the potential market for the copyrighted work.

If your video will take away views or sales from the original video content then your video will hardly be covered under the YouTube fair use,

Additionally, you shouldn’t create work that takes over the markets that the copyrighted owners are entitled to exploit.

So Before using any copyrighted work, ask yourself these four questions. If you have good answers for all of them and can justify your use of the content then go ahead. If you aren’t sure, consult a lawyer.

Now before I round up this video, I also want to recommend you to checkout this video you will find the link below,

This is a project Anthony Falzone and Julie Ahrens did a couple of years back,

In this video they answered common questions about fair use and copyright.(https://youtu.be/S521VcjhvMA)

If you still have questions or are unsure if the type of videos you create falls under fair use, then you should speak with a lawyer.

On the other hand If you’ve had any interesting experiences with YouTube copyright and fair use, please share them with us in the comments area below.

With all that I will wrap up this video, I hope it was helpful if so hit the like button below share on your preferred social media site don’t forget to hit that subscribe button so you don’t miss another helpful video