BEST-Kept SECRETS to FAIR USE on YouTube | Media Lawyer Explains

[@iancorzine]

Do you have any questions about how to use Fair Use in your KZbin videos?

[@alazmatfilms]

There's a comic book writer who proclaimed that he will strike any KZbin channel for showing his artwork, and stated he doesn't give permission for anyone to show his stuff or show clips from his streams. Does your suggestions in this video override his proclamation?

[@CyrusLi]

I wish to see “ daily dose of Internet” example how he escapes from copyright

[@LearnSpanishOnline]

I want to do live streaming watching another KZbin videos in Spanish about any topic (history, science, technology, etc.) and do comments about the grammar, vocabulary, Spanish phrases, etc. in order to teach Spanish. My idea is to watch like 10 seconds of a video and then take notes with my students/subscribers, talk a little bit about the language, and then continue watching another portion of the video. I already talked with the owner of one channel and he allows me to use his material as long as I put the source on the description, but I am still afraid that KZbin will do something against that. So I just want to be sure. Thanks :)

[@JakobPuchmayr]

Dear Ian, I would like to know more about music song tutorials and fair use. In my tutorials I don‘t even have lyrics on the screen (just chords & rhythm); so I‘m trying to be very careful. However it would be interesting to know how far you can go (e.g. my subscribers ask me to sing and play the whole song, but as this would be a cover it wouldn‘t be fair use anymore😅). Regards

[@TrVlogs82]

My video was blocked because I was at a car meet and the company blocked my video. Like I can't go up to someone I don't know and tell them to turn their music off because I'm vlogging.

[@LegalEagle]

Oh Ian, you think I don't get copyright claims? You sweet summer child.

[@iancorzine]

LOL 😆 You’re still a MASTER OF FAIR USE!

[@MilTownENT]

😂

[@bugspub]

😂

[@economywatch]

Both of you are awesome, great job guys.

[@iwontreplybacklol7481]

You also master of click bait. => :-O

[@FantomMC2]

Really helpful tips for any creator and honestly some of them are just generally good practices that help push creators to improve both their editing skills and content presentation manners!

[@iancorzine]

Totally agree - it’s the law, being respectful, and being a good editor 😁

[@NateTheLawyer]

This is a superior video on fair use. This should be required viewing for fair use.

[@iancorzine]

Awwh, Nate! Thanks so much - I’m going to have to review your channel soon to see if you are a MASTER OF FAIR USE 😂😂😂

[@graffitihandstyles]

Great tips in here! I'm going to use these tips in my future content!

[@CooksArt]

Can you use just your voice or do you need to be on camera to be able to use the video?

[@Jasontoddmartin]

Love this! My question is: doesn’t KZbin and Facebook have automated bots flagging content without human intervention? On Facebook I had a video taken down even though it was clear to a human watching it that I was commenting, reviewing+ critiquing and educating and clips were short. How do they actually accommodate fair use in their algorithm? Doesn’t seem like they do until you dispute it?

[@iancorzine]

Yes. The bots have a very rudimentary ability to determine Fair Use - pixel positioning, audio, and length of copyrighted clip.

[@iancorzine]

Hi, this is a great question. I would love to help out and answer any questions you may have! I have a LIVE Q&A show this Saturday. You can drop your questions and concerns on my LIVE show and TUNE IN. Kindly check this link to get a notification. facebook.com/yoursocialmedialawyer/posts/1231061260678010

[@MiserableMovieMan]

Yeah this is unfortunately true. I have disputed several copyright claims on my videos that got tagged through their algorithm only. My latest video is just using clips without audio as I dissect my reasons for liking this particular show over it’s reboot but it got automatically tagged right away. Cutting clips into so many short segments to backdrop my commentary is a pain.

[@matttomlin4928]

Instead of using stock footage for KZbin automation, can you use borrowed art as long as you provide original commentary over top?

[@ChiaTalks]

Came from Armando’s channel. Good stuff you got going on here

[@fedebaez]

You should do more of this kind of videos, they are great...

[@iancorzine]

Thanks Fede!

[@jaguarprophett]

As a member of the International Documentary Association and having read the Fair Use Act, it stipulates under "Quoting Copyrighted Works of Popular Culture to Illustrate and Argument or Point" that documentarians are best positioned to assert fair use claims if they assure that "the material is properly attributed, either through an accompanying on-screen identification or a mention in the film's final credits." Would this also constitute a fair use of unlicensed copyrighted material? Thanks.

[@kanikkakapuronly1367]

When copyright claims become copyright strike?

[@AndrewFriedberg]

I transform the content in my videos drastically, adding about 20minutes of commentary, and they still get taken down. Literally nothing the creator can do.

[@MichaelDespairs]

But you're not the creator, you're a "transformer." And apparently you aren't even transforming so you've failed.

[@TheTone-TV]

Excellent Video- thank you Ian!

[@10BrainySnippets]

Watching this was like getting it straight from the horse's mouth because of your legal expertise. I'll apply this to my future projects. By the way I'm so new as a creator and glad I stumbled into this wealth of information. Keep the vids coming and thank you!

[@BreadofLifeChannel]

Hi Ian! I'm still confused about fair use. Can I use video clips of people teaching concepts to enhance something I'm teaching? For example, "Here's what Dr. So and So says," and then show a clip and discuss it? Thanks!

[@CynsCorner]

Some claimants don't care about fair use. Especially if they've feeling vindictive.

[@jarule275]

What the channel wants is irrelevant. It has to break the fair use rules as per KZbin agreements. Some channels use the rules more than others.

[@MichaelDespairs]

Don't steal their creation! Make your own, thief!

[@CynsCorner]

Fair use =\= stealing.

[@adventureswithtime]

I notice some creators add text near the beginning of their video something like “all photos used under fair use”. Is this advisable?

[@iancorzine]

No. Doesn’t work.

[@elplata7224]

I understand what you are implying about 2-5 seconds optimally, but is there an absolute cutoff of a clip being ‘too long’ in an unaltered fashion?

[@joshuacash]

Love it! Thank you!

[@takatemjenao6471]

Thank you for this very informative video!

[@LetsArt]

You always so helpful. THANK U

[@iancorzine]

You are so welcome

[@TheSuccessfulHuman]

Thank you. Subscribed!

[@WollisWorld]

I keep getting my disputed denied and it’s fair use same as in these videos I’m just scared to appeal

[@bradleyc79]

Thanks from Chicago. No longer then 5 seconds.Shore and sweet. Thank you

[@alexstead5697]

What if the commentary doesn’t directly talk about the clip but the clip adds by portraying the emotion or feeling directly talked about in commentary for an educational channel about Autism? Or does the clip have to be directly referenced as a thing that’s happening everytime?

[@ArtTheKreator]

Does This Apply To Music Such As News Reporters Clips

[@CroatanWolf44]

Was very well explained, thank you Mr. Ian❣️

[@iancorzine]

Glad it helped!

[@unik9018]

Thanks alot man, I appreciate it your work

[@iancorzine]

My pleasure!

[@Crypto-Today]

Hi, can i use a screenshot of a tweet or a news interview if my video is talking about it?

[@Will.27]

I'd love to see more of these types of fair use analyses. But does time shown truly matter for photos? One of the factors for fair use determination is the amount of the work used which makes sense for video and music but for photos even if you only show it for a few seconds you are still using 100% of the work.

[@SpiritofAloha11]

No it doesn't. You can have a 1 second clip and still violate it. The problem is, most ppl who use long clips tend not to be transformative with them.

[@maxmaxmaxgoon5602]

can u use multiple fair use matetial

[@iancorzine]

Yes

[@CrazyTechy]

Ian, always great advice. Thanks.

[@AdrianPeachy]

Very good video thanks 🙏🏻

[@godsgrace5396]

Can i use segment from news channels like cnn, bbc for my KZbin content?

[@TMP10]

What if you were doing a book review or something and you had the book on your video and say now you have ad revenue? Would that be considered a violation? In Armando's case, the person can make the claim that he is getting commercial benefits through ad revenue as a result of that video.

[@DanDansNoodle]

Can I do a reaction video if the video is not paused and I use the entire video?

[@magiccheeseball]

I have seen people record a clip from a movie or tv show of thier tv screen with a camera instead of downloading it or screen recording it directly from the computer is there a reason they do that? Seems the video isn't taken down when they so it that way.

[@LaPelotaenlaCabeza]

Hi, I started a channel a little over a week ago, in Spanish. I contacted a Dr who talks about sports injuries and I asked him for his permission to be able to translate his videos. Nevermind my Spanish is at a University level and I do journalism, he directly replied that he would flag my video for copyright. But now that I see your video, I was actually just going to take a portion of a video, around 2 minutes of 8 minute videos and translate what he was saying. Would that be legal? He's already taking videos from TV games. Thank you very much, Daniel

[@PlasticSurgeryBoards-nw7cm]

Hi Ian. Can I use an image from a published book to comment on it for educational purposes?

[@ATHLETE.X]

I got a copyright strike while doing commentary on a video by someone who I didn’t even get the video from, and those turds won’t respond to me. Not sure how to proceed.

[@CosmoStriker1]

I am currently editing a video for another channel I made about top 10 dangerous animals and I included a copyrighted video of an elephant going on a rampage but I only added like 3 seconds of the clip and I added commentary over it. Does this count as fair use?

[@Boyanadee]

Thank you so much for this video. I wonder what the situation is with translating other people’s content and reuploading it? Just adding subtitles in another language or voice over?

[@synophlex]

Fair use is not really an answer if the second a copyright holder slaps a demonetization for copyrighted material complaint on your video no one really appeals it. So basically people are volunteering their time at that point. What would be a better solution is using 40 year old laws that were created to give content “broadcasters” a blanket licence. Technically youtube is the broadcaster and should be legally required to cover all royalties. The content creators are simply the dj’s employed by the radio station “youtube”. This is clearly an example of huge companies teaming up to bully and extort people on digital media platforms and rob them of monetization.

[@iancorzine]

Really thoughtful

[@Mamo878]

Always Be Learning

[@iancorzine]

Love that mantra!

[@anthonydauer]

As a rule of thumb, should we always ask first regardless of strictly following fair use guidelines unless it’s specially stated in the video or description the content is free to use?

[@iancorzine]

Yes, exactly

[@chan27]

Can i asking something, how if we use other people video for compilation or using other video for make ranking like top 5 best actor..and we put title on the clip, is that can consider fair use?

[@SaadonAksah]

Thanks for sharing! I believe if I refer to a still page of a youtube channel to point out its title or showing a result of a search of specific keywords on youtube that should come under fair use isnt it? Im making a video on how to get suggested on yt btw.

[@VeganLinked]

Good stuff and consistent with what I've learned about fair use except for one thing I'm not clear on. When you suggest altering the image, would that be considered making a derivative? And isn't a derivative without consent a violation of copyright? At least that's my understanding. But perhaps in the context of all these other variables being appropriately implemented a derivative makes it more appropriate. I'm dealing with a copyright case right now where someone used my content. But they we're not using it in a transformative way that was educational or newsworthy in a professional sense at all, it was more inflammatory. They were also showing my content for a very long time, minutes even, for the majority of their video actually. And they monetized their video that used my content throughout their video. They weren't professional about it at all and alluded to the subject in my content being drunk in one video and the other video they were alluded to the subject not telling the truth. KZbin accepted my copyright claim but then they countered. And in the counter they went as far as saying my content was public domain, but it is clearly not which is a misrepresentation in the counters.

[@TrVlogs82]

I was at a car meet and the company blocked my video. Like I can't go up to someone I don't know and tell them to turn their music off because I'm vlogging. It sucks we can't post vlogs while we are enjoying ourselves at events that we can't control. Like even the vlog I just uploaded we were at a bowling alley they were playing music. We were trying to speak over the speakers. Like we can't ask the bowling ally to turn their music off.

[@FarmerQ]

Voiceovers my friend!

[@TrVlogs82]

@@FarmerQ I was. I was talking over the music. Well more like yelling.

[@snappacapp5924]

Can you use news audio clips in a podcast to comment on the story?

[@NewFriendJason]

Hi Ian I have a unique fair use question. Let's say I made a "mash up" video where I convincingly make it look like "Michael Keaton's Batman" is interacting with "Disney's Tom Holland Spiderman". Let's say I re-edited scenes from those two films to cleverly make a new "scene" now starring Batman and Spiderman (a dream come true). Assuming there's no music in these clips, do you think this has a chance of falling under fair use?

[@iancorzine]

Hi, this is a great question. I would love to help out and answer any questions you may have! I have a LIVE Q&A show this Saturday. You can drop your questions and concerns on my LIVE show and TUNE IN. Kindly check this link to get a notification. facebook.com/yoursocialmedialawyer/posts/1231061260678010

[@JakobPuchmayr]

more videos like this please. great content👍🏻

[@SourianteOrange]

This content is gold! Thank you! Please, give more case studies in the future.

[@WineWorldTV]

Concerning these commentary videos, like about a movie or TV show, what about how the person obtained the clip? Let's assume that it's a movie that is only available as a digital download or on DVD, but has not been broadcast or shown on cable. Or maybe something like a live sporting event. They either imported it live into their computer or did it from a DVR recording. There's definitely ways to do this and strip away copy protection or HDMI security protections. Is there a potential DCMA violation or will Fair Use cover that. Especially if they purchased the copy and are using the "archive" loophole?

[@iancorzine]

Still a copyright violation.

[@jcflash2381]

Can I use the video clip to express mg music video?😮

[@MRGC808]

thank you for your tips😊

[@goldenreel]

Im reviewing/critiquing a long interview video of deep topics. I’ve altered the video by mirroring it, slightly speeding it up, then putting a red and black effect (instead of black and white) over the video. I also plan to place a video layer of my live reaction a little overtop the footage. My responses are longer between each portion I play/react to. I’m also not reviewing the entire interview in one video but only 10% of it while also not including the videos 20 min intro. My questions are: 1. Is it safe to do it according to the way I have described it so far? And 2. How long can each played portion be that I react to? Thanks!

[@leeboy7629]

can I use news clips, and articles online?

[@kanikkakapuronly1367]

Are copyrighted claimed channel monetized? But mine is not...they say upload original content😅..i don't have any strike😊

[@kanikkakapuronly1367]

What if a make a how to edit tutorial of a celebrity...in pix art...will it be considered educational? Fair use or commercial?😢

[@Ricki-e5p]

Are props in the background a possible violation or are they also covered under fair use? And how can you employ them without violation?

[@E-ToxicGames]

Hey, was I right in going to KZbin and saying this is under fair use as it’s police body cam footage

[@cosensei649]

Also if you take a picture of an online source and then sharpen the focus, adjust contrast and crop a bit of the edges and change the saturation levels does that qualify as enough altering to make it fair use, if you also site where you got the picture from?

[@marinatemedia377]

This was a great explanation but how do we go about borrowing background music?

[@imjfarley01]

What about showing a news website with us next to it and talking about that article?

[@BillysWild]

I’m a standup comic, and screenwriter. I would like to do some critical analysis of films, television, and standup comics. I don’t want to change their art, or do parody. I want to do real reviews. Is this possible without using some your suggestions? They are great but don’t really fit with a critical analysis.

[@miriammi8294]

Same problem

[@DawaSmood]

This was a really good video!

[@iancorzine]

Glad you think so!

[@daveb3809]

is it okay to use a 17-second clip from a film that was made over 50 years ago, put some text on it and use the poster in the top right-hand corner?

[@deeksy_aye]

Hi, How would fair use come into play, going through comic lore, and comic panels. I see a few KZbinrs that use AI or self narrate a lot of copyrighted comics, marvel, DC, and just wondered how they manage to get around showing almost complete comics using fair use policy,

[@mindbodyprime]

question, does it make any difference if you put the link to the borrowed content in the description of your video?

[@TheOfficialSinisterStories]

So if I were making a documentary style video on the history of the revolutionary war and I’m discussing how the British troops started marching to Lexington and I displayed a history channel clip of British troops marching in their American revolution documentary would this fall as fair use? I know you said educational content is a form of fair use to begin with but I didn’t know if that still applied to a monetized KZbin channel since it’s technically no longer a personal use project and more of a commercial use since you receive money from it

[@southeastarkweather]

How can we contact you

[@candylandrants6806]

So we should appeal any copyright claims?

[@iancorzine]

No. You have understand Fair Use to see if it’s worth it. You can schedule a consult with me at iancorzine.com

[@woodeducationvlog4389]

Where can I get the fair use Statement to put on my video telling vewer that the video uses fair use?

[@iancorzine]

There is no Fair Use statement. You have to qualify using the principles I discuss.

[@iancorzine]

Hi, this is a great question. I would love to help out and answer any questions you may have! I have a LIVE Q&A show this Saturday. You can drop your questions and concerns on my LIVE show and TUNE IN. Kindly check this link to get a notification. facebook.com/yoursocialmedialawyer/posts/1231061260678010

[@candylandrants6806]

I'm positive that our movie reviews/parodies / criticisms are under fair use but I still get copyright claims which are rejected. I submit a detailed legal breakdown of the videos. You said we should appeal but I'm scaaaared 🙊

[@iancorzine]

I understand being scared. I am too when I appeal - and I’m a freakin’ lawyer. Just look at it like you’re asserting your constitutional right to Free Speech. Fair Use is Free Speech.

[@candylandrants6806]

@@iancorzine THANKS for your help we got our claims released!!!! 😀😀😃😃😄😄

[@WhyYoutubeWhy]

@@candylandrants6806 Oh nice, happy for you! Did you go to court or only through the youtube system?

[@WollisWorld]

@@candylandrants6806 you appealed it? I have a reaction channel I keep getting the orchard group always denying my disputes sometimes release some …I’m scared to appeal and lose my channel

[@ericdoziermusic]

Have you done a video about reaction videos?

[@NeffyCat]

I have always run the credits (ie whose photo it is and where I got it from..plus if it is fair use, commons, or public) in my video itself. I've not ever seen another KZbinr do that. I was using some fair use pictures of celebrity cats or of their places of origin (such as a train station that they served in), without realizing it before, and wonder if my attributions protect me. I have not talked about the pictures in my videos, but have used them to make points or to represent a cat, a place, etc. I talk about the history of different famous cats. I use a lot of pexels pictures for my B roll and also pictures from places like Wikipedia. On a few occasions, I've gottnen pictures from news sites. I am hoping that it won't get my into trouble when it comes to monetization time. I really appreciate what you shared in this video because I will incorporate those techniques.

[@MysteriousMotivates]

how to you go about giving credit correctly in the description?

[@shakiramariame]

Do u have to say ur commentary in the middle of the video or is it still okay to say it after

[@kbos5234]

I'm working on a project for a non-profit veteran's organization...I've put together a video that uses different still and video/gif images I found online. Some are public domain, some are from military or DOD websites and some are from the movie Act of Valor. The clips are 2-4 secs long and used in a montage to explain a tradition that this organization has started. I had never seen Act of Valor before a few days ago, and realized I had used a few clips from it, which made me worry about the whole thing...I believe the content of the video, explaining this new tradition through images, as well as the length of the clips themselves would make them fair use, but I'd rather be sure. Is there a way to find out if my video would get a copyright strike before actually getting it?

[@rliu777]

Hello. Q: if I'm using images of the top 10 actresses in America and showing their pictures or video but commenting or educating why they're ranked, do I also need to put and attribution for the images or videos I use of them?

[@albezot-un4yl]

HI Ian, what if u use a copyrighted photo in a small portion of the screen along with non copy music and commentary in a top X video?

[@michaelthirtythree]

Solid video. Thanks for this. What’s your take on having textbook commentary for educational purposes with legitimate transformations etc. (clear fair use in itself) but we monetize our commentary community outside of KZbin (such as on Patreon or Skool)? How does Campbell v. Acuff-Rose Music, Inc. or other supreme court rulings and legal understandings apply to, and support, this use case?

[@MariaaReacts]

Hey, love your video. Thanks for the advice. If I wanted to use a clip slightly longer than 5 seconds would that be wise or is the 5 seconds per clip kind of a hard stop?

[@speakingpracticewithjimmy]

I run an English language education. channel, im looking into using movie clips as examples of use of words in the english language so im looking at using a sentence that includes the word to express the use of the word but be engaging at the same time and more entertaining. what are your thoughts on this can i do this or would it make troublwe for my channel

[@ErnestDempsey]

Love that tie. Go Vols

[@Lizbeth36961]

Mr. Ian, a new subscriber here, thank you so much for this info. Do you have any particular advice for people who want to start a true crime channel?

[@jessicaj.1011]

Thanks a lot!

[@TurboWorld]

Is there a time limit of what you can use , if you borrow a clip, change the sound, sharpen the entire clip and change the context?

[@Dewolvez]

finally, found a lawyer on youtube..

[@iancorzine]

Thanks 🙏 man

[@lolamaven3971]

very insightful

[@Lynn_Clifton]

I was curious about using music as background music on educational videos that don't involve music. For instance, can I stream a playlist on Alexa in the background of my painting videos if the videos are instructional?

[@CobaltFoxPlays]

Last video I uploaded, was education-based. Closed captioning an 1940s cartoon for accessibility assignment. I mean... I got it from the public domain's archive, so I should be safe until it's graded.

[@learnchinese2232]

Hi Ian, is it okay if I use about 30 second clip as one of my teaching materials to teach Chinese on my channel?

[@joewhitten5226]

I have professor that has very insightful newsworthy ideas and some of them he publishes. Would it be legal for me to read his publication verbatim on youtube being that its educational ? If not, can I add my commentary to it to make it legal? Essentially I want to make available information for people who cannot read or cannot access this via anything but online for whatever reason. Thank you for your input and please do not hesitate to request for more direct contact information if you deem this not the forum to elaborate on this subject.

[@RNDInnovators]

Soon I will begin marketing a new type of patented transmission. Can I use other transmission videos to compare to mine, using your techniques? I need to show how their system works mechanically, so my viewers understand how my system works and is so much different. Can I criticize the function of the other transmissions to show their shortcomings?

[@86figs]

Does fair use also apply to music videos?

[@blue_and_grey]

Hello sir, i want to make documentry on certain topics and for that i needed some clips in which a perticular person is giving his openion like for example a clip from a podcast or a clip showing someone's journey throughout the year , for all this i need their clips so how should i do it without getting copyrighted

[@ugh253]

Quick question can I use 2 second gifs from vlipsy for my how to tutorial videos? I will not be commenting on gifs but having some content related to it. Or having pausing frame shots explaining things on how to do something.