Use of Copyrighted Material and Monetization

What you are finding out is that the interpretation of fair use varies considerably from organization to organizations and even within the same organization. The fact you are trying to monetize with the usage of this copyrighted material means that more often than not they will err on the side of caution, or in other words presumed guilty. I don't believe there is silver bullet that will protect you but I'm sure other BHW members will chime in!

If you search on youtube, there are a few vids showing tricks that get you past the 'under review' stage. I`ve tested one of them about a month ago and it worked for me. Tested it on 10 videos. Maybe you can use that to fix your 2 vids.

Believe it or not, in order to monetize such videos you must have explicit permission from the creators to use the content commercially. Even Watchmojo stated in their Tumblr post that their channel had been mistakenly terminated despite having previously sought permission.

I do movies reviews on YouTube. when I started I emailed the publishers to get permission to use the footage and of course non of them allowed me but I did it anyway. After I hit 100,000 subscribers and got partnered with a network I emailed them again and guess what, most of them gave me permission. So basically you need to get big on YT and partner with a good network and you can do this stuff. My goal for 2014 is to get 1 million subs.

BaraF said:

I do movies reviews on YouTube. when I started I emailed the publishers to get permission to use the footage and of course non of them allowed me but I did it anyway. After I hit 100,000 subscribers and got partnered with a network I emailed them again and guess what, most of them gave me permission. So basically you need to get big on YT and partner with a good network and you can do this stuff. My goal for 2014 is to get 1 million subs.

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Haha sometimes it's best not to ask and just do it i have songs for years on youtube that haven't gotten caught by ID content check the only reason these songs would ever get caught is if i were to go ask for permission

As for the original post fair use doesn't exist unless your a big name on youtube if a company tells youtube you're using their material without permission youtube will give you a strike or remove the video without hesitation. Youtube will not defend you or listen to your case about it being fair use

Tommy Lawrence said:

Believe it or not, in order to monetize such videos you must have explicit permission from the creators to use the content commercially. Even Watchmojo stated in their Tumblr post that their channel had been mistakenly terminated despite having previously sought permission.

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That's not true, to demonstrate here you have another example:

Angry Review: DBZ Kinect http://youtu.be/H71FzemwVQU

In this video the reviewer uses DBZ Kinect game footage and he doesn't have the permission. Why I suppose this? Because the review is just criticizing the game and I believe that
the score is 2/10 or something like that. No company will give permission to make fun of the game (in a bad way) and give a bad score. That being said this not only apply for youtube.
Any game review website, as an example, can review any game and give the score they want, no permission needed because of the free use and most important the right to speech freedom.


Another point that demonstrates that the permission is not necessary is that some of the videos get approved immediately. As some youtubers publish every day. Of course they can schedule
the content to publish every day, but not all of them do that, they explicitly say in some videos that they do a video and upload the video immediately. And I don't think that it's possible
to make a video, upload it, wait for being reviewed (manually) and then published in one day. As a matter of fact when there are a dispute some copyright holders take up to 30 days or more
to respond.

This is what I'm going to do:

For the Steve Jobs video | Currently Under review
For the Steve Jobs video I said that the two images are used in a fair way to make reference to Steve Jobs as that person and not other Steve Jobs that may be somewhere.
The music playing is free to use for commercial use, so I said that and give them a link.

For another video I have | Under review too
Got under review don't know why because it doesn't have images.
Here I just said that the music is free (it's a 6 second loop), again with the link
I guess this will get approved for sure.

Third video about animals | ???
This one I removed, then uploaded it mute, no sound at all, then mute and with no animal images... always under review (doesn't make sense).
I'm going to upload it again with sound and animal images, but this time I changed all animals for animals images from wikipedia.
I will link to each image of Wikipedia and also the music which is free to use for commercial use.

Probably all will get approved except the Steve Jobs, which is sad, as this one is the most popular I have and it has been shared 2 times and got for me 2 subscribers.
I will update the post with results.

oscilay said:

If you search on youtube, there are a few vids showing tricks that get you past the 'under review' stage. I`ve tested one of them about a month ago and it worked for me. Tested it on 10 videos. Maybe you can use that to fix your 2 vids.

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Can you post the link here for everyone, I have seen some tricks but none of them work right now.