Everything You NEED To Know About NOT Getting a Copyright Claim!
https://www.youtube.com/watch?v=z6sOGNjOmVU
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it’s something on YouTube that, everyone gets affected by but, most people don’t know deeply, and we’re going to try to help, you today, understand the YouTube, copyright system and how you can avoid getting one of the dreaded, strikes, here on the Boost, by vid IQ, Jen we’re going to talk about something really important today, okay it’s happening YouTube copyright, claims and Strikes have you ever, gotten a claim before, I get claims all the time, I haven’t gotten a strike before but I feel like this is the most confusing, thing on YouTube for a Creator, just hands down and it’s crazy, because a lot of times when you, see that copyright claim pop, up in your studio you panic you’re, like oh my God it’s over, my Channel’s, cancelled, but we should first probably, talk about the differences between, a copyright claim and a copyright, strike but for all the other, details, we actually have a YouTube lawyer, so you’re going to get true and, honest answers about how the, YouTube copyright, system works, there’s a real big difference between.
copyright claims, and a strike, claims well it can pretty much go in three different directions and ultimately, it’s just the umbr, over, this money’s not going to you the content, can stay out there whatever you’re, being claimed for can stay in, your video for most of the time, there’s a little variation, there but you’re not going to, get paid for it maybe it’ll get, split probably belongs to someone, else who might allow you to use, it but it’s not that big of a, deal this one ultimately just, comes down to monetization, and if you’re okay with not getting, paid on it you can pretty much, leave it in the video this is, really what I do I like to use, music in my videos and a lot, of times we’re like hey, you can’t do that well at least, we’re not going to pay you you, can do it we’re just not going, to pay for it and then someone, else collects from all my hard, work when we’re talking about, strikes, three strikes, you’re out and I feel like it is so uncommon to get a strike, that we’re not going to put a lot of focus on really.
what happens to get those strikes, because, I can say I’ve never worked with, a Creator I’ll knock on wood, for my creators I’ve never worked, with a Creator who’s come to, me with an actual strike, yeah typically those are really edge cases, they rarely happen anymore because, especially if it comes to music, you’re mostly getting claim for, that so you don’t get to have, the mon, ation as Jen said strikes are typically a lot more, scary especially if you get three in 90 days your channel is deleted, so copyright claims how does, the process work well Jen and, I don’t have to tell you we actually, have a lawyer they can tell you, Ian Corzine has his own YouTube, channel here and he is an amazing, content creator and lawyer who’s, been doing this stuff for over, 20 years let’s see what he has, to say just take you through, the copyright strike process, generally it’s initiated, from what’s called a dmca, takeown notice and that means in this world of mass media, most of the time one of these striking, companies that works for Sony.
Pictures let’s say has found, your content through the YouTube, database, and it’s decided that they want to, have you take it down a copyright, strike appears on your account, and then sometimes you have seven, days to make some edits to your, content to be able to take out that copyrighted content, sometimes it’s an immediate takeown, and the next step is either an, appeal to YouTube or what’s called, a counter notification, and that’s generally when I come, in I’m the god they say listen, Ian what do I say, in this response, to the copyright strike How can I convey that this is properly, not copyright infringement, and so a lot of our discussions talks about whether or not you got permission, where did you get this clip what, was the context for this clip, that’s kind of the, process, okay that was awesome but let’s move on to fair, use this is a term that I think we throw around YouTube, all the time, what does it actually mean to, be honest I don’t even know if, I know what it actually means, what I think it means is that nobody.
has copyright ownership, over something, but I can’t even say that confidently, I don’t even know if that’s the truth Travis, I think it’s funny if you’re, in the comments right now leave, us a comment before you watch, this next section what do you, think fair use means for me I, think fair use means that you’re, using copyrighted, content in a way that is been delineated, in the law as being okay but, let’s not try to figure out if, Jen and I can give you any kind, of this advice cuz we’re definitely, going to be wrong let’s find, out what Ian has to say about, what fair use, really is you can use someone else’s content in your videos, with without their permission, if you do something that sufficiently, transforms, that work of art and it makes, it your own and I’ve said this, so many times and I know it sounds, kind of made up and it sounds, just unclear, but I want to get to the root, of it and really the root of, it is this if I were to show, a 15minute, clip of obie, Kenobi, hello there if I were to sh a 15-minute clip on my.
YouTube channel would people be coming to my channel to watch that particular, scene for its entertainment value or would they be coming there to watch me, and chances are they would not, be coming to watch me they would, just want to see the Star Wars, show and see what happened if, I put that 15-minute, clip on my channel I wouldn’t, transform it because people are, not really there for me I have, to make my own art that builds, upon the Star Wars show so how do I do that well under title 17 us code section, 107, which is a federal law that’s basically adopted, by YouTube it says listen here are some examples, of de facto transformation, in other words that you can do which we just recognize, as fair use and one of those is commentary, and YouTube even takes it a step further and they recognize reaction, but we’ll talk about commentary, first we’re talking about the law the law basically says if you are discussing, this and you were making critical opinions about Obi-Wan Kenobi, and you know you’re saying it’s.
bad or you’re saying it’s good, then we want that and frankly, a lot of the studios want it, too because it boosts up the, popularity, of the, art, that was pretty cool but did, you know that if you’re teaching, something and using copyrighted, material that you’re still protected, on a fair use here’s what Ian, had to say about that another, one is teaching, you know a good example is boy, it’s hard to get Drake music, in your YouTube video and not, get a claim or a copyright strike, but you can, if you are a beat Creator, and you want to teach how unique, those bass drums are, in Drake’s music but there’s, certain things you’d have to, adhere to and I want to kind, of take you through those too, if you’re teaching, the content and people are showing up to learn, about how to make a Drake song, not to listen to a Drake song, then that’s transformation, news reporting is another one, we see it all the time there’s, lots of people out there that, are reporting on the news, I do a lot of that I will say, that there’s a new little thing.
that’s happening in the live, stream area and I’m sure you’ve, seen I know Emily dbaker has, been on the vid IQ, Channel we’re seeing Mass live streaming, right it’s kind of unexplainable, but we’re seeing a lot of lawyers and other people literally just putting, CNN, or some channel on their Channel and we’re watching it together with commentary, now commentary is great however there’s so many gaps between, the actual copyrighted cont content and the commentary, that we’re going to probably see some problems going forward, also we’re going to start seeing, some corporations are saying, like CNN as example hm we’re, getting 500,000, views of our content on our channels, and our the streaming platform, just went down and we’re seeing, that legal btes, is getting, 100,000, an hour they’re trying to do their best to do some commentary, which would be honor of fair, use you know critique of course, is another concept for fair use, and then of course there’s another, category of fair use, which is just it’s not identified.
it’s just that it’s sufficient transformation, and it’s a subjective, determination, in other words a judge or a jury, looking at it has to make their, own conclusion about whether, or not that’s fair, use, so that was really interesting, but a lot of people want to know, how much of copyrighted, content can you use, without getting a claim or a, strike Jen what do you think, it is I’ve had different experiences, with this and I think it depends on, the song the artist who owns it how protected it is because, I’ve been flagged in a bar from having literally, one second of Justin Timberly playing in the background, where they wouldn’t allow that footage to be on YouTube period, and then I’ve sang in the car for half a song and someone was like, we don’t really care let’s see, what Ian says about this there’s, nowhere that this is enshrined, in law it is not in the copyright, rules of YouTube it’s not in, the terms of service, but i’ have to tell creators, sometimes that a Bright line rule.
is don’t use more than two to 5 Seconds of Clips if at all possible, if there is an exception, obviously, there is fair use with 30 seconds, there’s been fair use with a, minute there has been but if, you’re really trying to plan, out your video and it’s all about, something you’re reviewing, do your best to limit these clips, and realize that every time you, go over this amount you’re adding, risk so is the laugh, or the teaching moment, really worth the risk of one, getting a copyright strike getting, a claim losing all revenue for, that video or Worse, getting a copyright infringement, claim so two to 5 Seconds that’s, kind of The Sweet Spot to be, able to avoid copyright, claims, there’s a concept that Ian came, up with a while back which I, I think is amazing and it’s called, don’t take the heart, this is something that I’ve never, heard anyone talk about before, and here’s what he has to say, about it you never want to take, the heart of someone else’s content, when youever you’re thinking, about, creating, art that’s a review style type.
art let’s say again I go back, to the Star Wars thing you know, Luke I am your father you want, to talk about that well realize, that particular, part of the video where you talk, you know I’m your father you, can’t show that scene you’re, going to have to come up with, animation, you’re going to have to come, up with images or slides or just, paint a picture with your words, because the heart is the thing that you’re going to get slammed, for always think about your content if you’re going to do a whole review, of Star Wars identify, before, where are the important points, that you’re going to hit on if, one of those important points, is the heart of the movie, that part where there’s a big lightsaber, scene realize, that that’s going to be a part, you’re not going to be able to, put on your YouTube video you’re, going to have to do use the clips, from the more subsidiary, parts of the, movie, so that’s all great but what if you get a claim, that just doesn’t seem legitimate, ites doesn’t add up and you’re just really kind of questioning.
if this is really true, what do we do let’s see if Ian has an answer for the situation, they care about the big boys they’re making so much money right so, sometimes people think that if, they give some push back then, YouTube’s going to penalize, them somehow for their next video, or demonetize, them they don’t have time they, really don’t so don’t feel bad, if you have a legitimate claim, like that sounds like I wrote, the freaking song I recorded, it and I got a copyright claim, or a strike or whatever it ended, up being you can push back, so you got a lot of legal advice, didn’t cost you any money just, cost you a little bit of time, but that does leave one last, question, I know you’re watching other, YouTube channels and I know you, see them using all types of copyrighted, content and they seem to be fine, they’re still running ads everything, seems fine why can’t you do that, from the outside looking in there’s, one thing you can’t tell and, that is if those videos are even, being monetized, by th Creator, just remember just because you.
see ads on a video does not mean, that that Creator, is a monetizing, the video because YouTube’s already, told us that they can monetize, non monetized videos and B that, they’re getting any of that money, that could be going directly, to the copyright, holder so sure you can see it elsewhere, and you might see ads but that, does not mean that Creator is, making any money off of any of, those videos, well that’s like when we see creators who aren’t even monetized, yet having ads roll in their videos a similar situation, YouTube’s in it to make their money, if this was helpful leave us, a comment below and let us know, have you ever gotten a copyright, claim or a strike we also have, an amazing, video here about how to rank higher in the YouTube search algorithm, I’ll see you next time.
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