Fair Use For YouTube Videos (How To Avoid Fair Use Copyright On YouTube)

Have you ever got a copyright strike for using a video or audio clip in your own video?

In the video below, you’ll learn what fair use for YouTube videos means and how to avoid fair use copyright on YouTube.

What does fair use for YouTube videos mean?

According to YouTube, “fair use is legal doctrine that says you can reuse copyright protected material under certain circumstances without getting permission from the copyright owner. “

Here’s an example of a short video clip I got from somebody else’s video that I used on my own video and added commentary.

There’s no silver bullet that says you’re protected by fair use when you use copyrighted material that you don’t own.

Here are 5 tips for minimizing the risk of copyright liability when using fair use material.

  1. Make sure it’s transformative.
    This is where you’re adding new expression or meaning to the original works instead of just copying it. Commercial works are less likely to be fair use. You must use the work in such a way that it’s clear the purpose is commentary, news reporting or criticism. Try to add something new or beneficial to improve it rather than just copying it.
  2. Use only small portions of the original work rather than large portions.
    In my example, I only used a few seconds of somebody else’s video.
  3. Use material for factual works rather than purely using material from fictional works.
    If your source is factual or non-fiction, limit your copying to the facts and the data. Number four, use Creative Commons or freely licensed material. Creative Commons videos or music allows you to reuse or edit material for your own use. When an author assigns a Creative Commons license to their own material, it’s free to use for the public.

    All you have to do is to give attribution to the original author in the description below your video.

    If you want to learn more about how to find and use Creative Commons videos in your own videos, click here.

    Here are four fair use myths.

    1. What if I give credit to the original copyright owner, is that fair use?
    Just giving credit to the original copyright owner doesn’t make it transformative. As I mentioned previously, you got to transform the original content instead of just copying it outright.

    One way to avoid that is to secure all the unlicensed elements in your video before you upload it to YouTube.

    2. What if I post a disclaimer on my video, is that fair use?
    There are no magic words to avoid fair use copyright. Even if I say all rights go to the owner or I don’t own, it doesn’t automatically give you permission to use that copyright material.

    3. What if I use the material for entertainment or non-profit purposes?
    Courts will carefully evaluate whether your material is fair use. Just declaring your material is for entertainment purposes only will not pass the fair balance test. Even if your material is non-profit, which favors fair use, it’s not a defense in itself.

    4. What if I added my original work that I created to somebody else’s copyrighted material, is that fair use?
    Even if you add a small portion of your own original content to somebody else’s copyrighted content, it may not come under fair use if you don’t add some new meaning, message or expression to the content. Ultimately, the courts will consider the four factors of the fair use test including how much of the original content you’re using.

    I’ll place links to resources about fair use in links section below this video.

    5. What if you recorded some music that was playing in the background while you were out filming on location, would that be considered fair use?
    Unfortunately not, unless you got permission from the person playing the music. The bottom line for using fair use material in your own videos and avoid copyright is to transform the original content, use a small portion of it like just a few seconds or use Creative Commons videos or music because it’s freely licensed work.

    For example, you can freely use the music from YouTube’s audio library in your own videos without worrying about getting any copyright strike.

    If you’re not sure about using somebody else’s material in your own video and it constitutes fair use, contact a YouTube lawyer.

    If you want to learn more about how to find and use Creative Commons videos in your own videos without getting a copyright strike, watch my next video. You’ll also learn how to make money with Creative Commons videos.

    Do you want a grow your YouTube Channel this year so you can attract more views and subscribers? If so, pick up a copy of my 100+ page YouTube Marketing Guide at TubeBootCamp.com

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