Board 8 > Have a legal question regarding uploading video to YouTube.

(+) Yeah! (+)

When people upload little 3 minute scenes from shows like Dragon Ball Super, are they in the clear as long as they make no money off of it via advertisements or other related ways?
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Let me ask my good friend and personal lawyer Drakeryn/gatarix about this

@Drakeryn
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Depends on how long the clip is and who the rights holder is.

For example, Pokemon will get auto-deleted within seconds if it has, like, more than 30 continuous seconds (I speak from personal experience on this one).

I think the legal answer is "no" but the logistical answer for most companies is "go ahead" (or at least "we don't care enough to track you down.")
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I know Square Enix auto flagged one video I did (of like 10 or so I have so far) but they never took it down. It may have to do with the company, their spoiler annoyance, how much you credited them, and if you are even worth taking down.

If you were making money off it, I bet they'd care. I have heard Nintendo are uptight bitches and they flag a lot or used to.

Most people just email companies and ask permission or read their online policies.
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Awww nuts.
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Thank you.
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if you dont monetize it at worst theyll take it down

ok the worst is that they monetize it for themselves
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It depends. Like bigger channels usually run though claims all the time to get stuff approved. A lot of the wording in YouTubes stuff is a lot of scare tactics. The truth is that a lot of stuff on YouTube is actually illegal and in no way qualifies for actual fair use, but its the actual content creators that are being hurt by the guilty until proven innocent system.

For example doing something like cinema sins where you use a ton of footage but make it into something different is fine, but just taking footage and having people sit and watch something to get reactions without context is probably not (but is hardly ever flagged due to the way that the automated system works)

TLDR

YouTube system sucks and even YouTube knows it. They just cant do much about it
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KokoroAkechi posted...

For example doing something like cinema sins where you use a ton of footage but make it into something different is fine, but just taking footage and having people sit and watch something to get reactions without context is probably not (but is hardly ever flagged due to the way that the automated system works)

I'm pretty sure this falls under fair use and thus is perfectly legal in most instances.
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Underleveled posted...

I'm pretty sure this falls under fair use and thus is perfectly legal in most instances.

reaction videos are kind of a gray area as fair use typically means that you're adding something to the copyrighted material and a lot of reactors are adding next to nothing. perhaps drakeryn knows more about how this is approached legally nowadays but i do know this has been a long running debate.
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There are plenty of channels running around where someone just watches something and doesnt even say anything or at the very least doesnt say enough to merit fair use in even the most lenient case.

Two of the more infamous ones are jinx and cj
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Lazy bums
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From what I recall, the biggest factor in whether something counts as "fair use" is the impact it has on the market for the actual product. So, for example, if you're uploading the climactic moment of the episode, or the big reveal (i.e. the parts that people would most want to pay to see), then it's probably not fair use. If you're uploading most of the episode, it's not fair use either. But if it's a random three-minute clip from the middle, you're more likely clear. It's a case-by-case thing and there's a lot of gray area.

BUT also, my impression is that youtube's takedown policies have less to do with actual copyright law, and more about covering themselves. So if the rights holder complains, it might get taken down even if it's technically fair use under the law.
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The FBI will track you down. you'd be looking at fines and possible jail time.
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Note: I am not a lawyer and do not use this as legal advice.

If you want an example of fair use. Lets say youre in a class and part of it is to study the matrix. It is fair use to show the film in class. Technically most times you show stuff outside of your home you are breaking the agreement, but this is rarely enforced. If you recall Microsoft has a patent on tech that automatically shuts off your system if it detects new people watching or something. This is within their rigits to implement, but they said themselves they do not plan to and for good measure.

Another is parody. If you make something with a likeness of something, it is usually within your rights as long as its deemed not mistakable for the original.

There Is also derivative works which are like spin offs. This is actually not completely clear cut but one of the big cards in this was like the Harry Potter lexicon case.

Also transformative works which take existing stuff and change it to have new meaning or content. Aka most memes.

And review/criticism. There are some people who break down full episodes of anime online and they talk over whats happening. This is actually fine (or is supposed to be). But again if you do it and just like dont say anything for the majority of it then its not fair use at all.

I also want to say that in like my two whopping law classes I was told patent law was among the hardest and most demanding sectors of it, so theres that. A lot of YouTubes issues with the stuff has to do with cc and big media power struggles etc. because who cares what the law is when you can buy a new one
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If you like or can tolerate Jim Sterling, he did a video a while back on how to circumvent YouTube's system, provided that you don't want to monetize a video. Here's that (content starts at 1:02):

https://www.youtube.com/watch?v=cK8i6aMG9VM" data-time="