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Use of Copyrighted Material and Monetization

Discussion in 'YouTube' started by QuiGloriam, Dec 31, 2013.

  1. QuiGloriam

    QuiGloriam Regular Member

    Sep 25, 2011
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    Example Nº1: AllTime10s http://www.youtube.com/user/alltime10s

    This channel uses a lot of copyrighted material, but no problem, those videos are monetized.

    Example Nº2: Watchmojo http://www.youtube.com/user/WatchMojo

    This is the GOD of using copyrighted materials, they just take pieces of movies and put them on the video.

    Example Nº3: League of Super Critics http://www.youtube.com/user/LeagueOfSuperCritics

    The first two used a small fraction of videos (I will explain more later)... but this one... Ohhhhh
    Just look at this review: Man of Steel Review http://www.youtube.com/watch?v=o1AJyKJ4BCo
    It's all the movie... from the beginning to the end, they even show the death of the final bad guy.

    I guarantee to you that they don't have all the permissions, they don't need permissions.

    Fair use. So fair use is basically the possibility to use copyrighted material on your work for criticism, commentary, news reporting, teaching, scholarship, or research may be considered fair...

    Also there are rules for fair use.
    If you are using just a portion of a copyrighted work it's more eligible to be fair use.
    If you are greatly modifying the copyrighted material it's more eligible to be fair use
    and so on...

    BUT, and here is the part I don't understand. If you read the link of copyrighted use on youtube (http://www.youtube.com/yt/copyright/fair-use.html).
    Youtube can't say if it's fair use or it's not. It's a judge who determine that.

    Then, how they monetize their videos? I've uploaded 5 videos. Two of them monetized automatically. 3 of them not, they are under review.
    Now, the music is free to use (I can say, they are free for use and I win)... but the images are just images that I found on google. This images like for example the face of Steve Jobs are
    used in tons of blogs just like that, without any permission or backlink to author. I also use in another video the image of a tiger, a random tiger found on google images from a wallpaper site.

    Now if I want the video to be monetized I need to send a proof. For music it's easy, it's creative commons with commercial use (send link). But for the image? If I say it's fair use they will say
    that they are not the judge.

    I make a list of thing, for the Steve Jobs example it's "Top 5 Steve Jobs motivational advises". For that I use two Steve Jobs images and the video is under review, they are asking for proof right now.

    How can I monetize the video then?
    -It can't be judge proof of fair use as I would need proof for each video (NO ONE is going to the judge for every video).
    -It can't be simple "fair use" as youtube can't determine that (But I think I saw a video of a guy explaining that you can use the fair use thing to monetize the video).

    Take a look at this:


    Once the new system was implemented (the new content id system) Watchmojo, the second example, was removed from youtube. Then got back live again.
  2. bertbaby

    bertbaby Elite Member

    Apr 15, 2009
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    Product marketing
    Home Page:
    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!
  3. oscilay

    oscilay Regular Member

    Oct 30, 2013
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    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.
  4. Tommy Lawrence

    Tommy Lawrence Senior Member

    Nov 20, 2013
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    Online marketing
    New York
    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.
  5. BaraF

    BaraF Registered Member

    Nov 23, 2013
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    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.
  6. tangento

    tangento Junior Member

    Oct 18, 2012
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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
    Last edited: Dec 31, 2013
  7. QuiGloriam

    QuiGloriam Regular Member

    Sep 25, 2011
    Likes Received:
    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.

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