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YouTube Help I want to make a video with gaming trailer footage. Will I get a copyright strike?

KroniclePlayz_

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I'm making a video about my 1 year on YouTube but I'm very confused about the copyright system. Will I get copyrighted if I use gaming trailer footage on YouTube. Thanks in advance!
 

Beanie Draws

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So this is a tricky subject. If it's YOUR recorded footage, then yes, you're allowed to make a game trailer (although technically speaking the game developer owns the game, and thus the footage, as Nintendo had gone down the route of claiming and striking gameplay videos in the past)

If you're making a video using other people's footage, or official footage, you run the risk of getting a copyright claim. Sometimes they allow it as "fair use" if it's transformative, using their footage in a way that changes and transforms it... BUT that's not always the case.

I did a review of a Jurassic World trailer, I was giving my opinions, and reviewing the footage in an analytical manner, but I still got a copyright claim for using Universal Studio footage.. So it's a tricky one and a bit of a gamble really.

WORST case senario, you might get a strike (but strikes are rare for copyright, it's generally just claims)
Best case senario, nothing happens. But more than likely the studio who owns the footage MIGHT claim the video.

You can do this method, it will help you get videos without rights
In theory that sounds like a great idea to search by creative commons, but you're also trusting that people uploading that footage actually have the rights. Great in theory, but in practice I wouldn't trust that, studios have a tendency to claim videos even if the footage is used in fair use situations.
 

Retro Reels

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My channel Retro Reels specialises in looking back at Movies, Toys & Games from the 80's & 90's.
My latest video is a Review of a Nightmare On Elm Street (1984).
This video was a challenge for me as I had several auto copyright flags on it - all of them I managed to avoid other than one with Warner Bros, which was a claim on the film footage I used. I disputed it under fair use and less than 12 hours later I received a message from Youtube that Warner Bros had reviewed it and released the claim. Moral of the story is to not be afraid of using copyrighted material in your videos if you are using it in a permitted manner such as a review.

The auto claims when you upload are just Youtubes system detecting the content in the video - it doesnt know how the footage has been used, just that it exists within your upload.

If you do receive a claim and are sure it falls within the permitted uses, you then dispute it, explaining why you think your dispute is valid.

This then falls completely with the content owner. They are under no obligation to release the claim, it is totally at their discretion.
If the content owner does not respond to your dispute within 28 days then the claim is automatically lifted. I have had a few of these on my videos, but not sure if that would then stop them filling a manual claim at a later date.