Opinion Would you rather get a video copyrighted or not post that video at all?

[Cheche004]

Imagine you filmed a video and after editing it for days and uploading it you realize the content is copyrighted. If the whole thing is removed the video is gone. so no use of re editing the video. would you post it or throw it?

 

[Tito Tim]

Depends on what it is and what I want to accomplish with the video. And do you think you are likely to get 'shared' monetization or a strike? (the money is not shared ha ha)

I made DVD of a Disney World trip, of me and my kids, many years ago. I wanted to break it down into multiple videos and post it, so my kids can show it to their kids. I knew the entire thing was liable to get claimed by Disney, and I did not care. I posted whole shows at the castle - full of Disney songs, the entire fireworks show etc. They were all, of course, claimed by Disney during the upload process.

Removing the Disney music would have made the video useless, so I left it intact. I get the views, the Mouse gets the money, everybody is happy.

 

[Cheche004]

Depends on what it is and what I want to accomplish with the video. And do you think you are likely to get 'shared' monetization or a strike? (the money is not shared ha ha)

I made DVD of a Disney World trip, of me and my kids, many years ago. I wanted to break it down into multiple videos and post it, so my kids can show it to their kids. I knew the entire thing was liable to get claimed by Disney, and I did not care. I posted whole shows at the castle - full of Disney songs, the entire fireworks show etc. They were all, of course, claimed by Disney during the upload process.

Removing the Disney music would have made the video useless, so I left it intact. I get the views, the Mouse gets the money, everybody is happy.

Hahaha that was exactly what I expected. Good job dude

 

[Beanie Draws]

I've had this happen twice. One video was a trailer reaction/analysis. I left it up because I felt on an artistic/educational level, it still provided value so I left it up seems it wasn't a copyright strike.

Another video I did 5 years ago was a speed drawing to a Marilyn Manson song. It was claimed about a year or 2 later. Seems that video didn't really fit with my niche anymore, I took it down.

Generally if the use of copyrighted material isn't egregious, and used as an example, I'm happy to take a copyright claim if the video it'self still provides value. But if the video turns out to not be that great of a performer anyway, there's no harm getting rid of it

 

[Stanley | Team TB]

I just don't see the purpose of posting a video with the knowledge that it is going to get a copyright claim. I wouldn't do it. It is in poor taste, it is illegal and it could end up costing you more than just a copyright claim.

It is far too easy to follow the guidelines of the Fair Use doctrine. Either make content the way that you are legally able to do so or don't make the content.

 

[Beanie Draws]

It is far too easy to follow the guidelines of the Fair Use doctrine. Either make content the way that you are legally able to do so or don't make the content.

At first you'd think so, but sometimes the fair use doctrine can be a bit grey, especially when using someone else's content for the sake of demonstration. This is why many channels go with screen grabs from films instead of actually using film clips.
"Binging with Babish" bases his food recipes on famous meals in cinema and television, and he often uses a short clip as a reference for what his recipe will be, the problem there being depending on the studio, they can STILL try to claim the video based on the footage. That's where you can try and argue fair use, but fair use is only decided by a judge, and that requires courts and $ to spend on court cases and lawyers just to prove a 10 second clip of footage was used in a transformative way.

You can actually get sued for having someone's artwork showing in a framed photo on your wall, and you just happen to have it show up in your footage. That's why you'll sometimes see people with t shirts and the image is blurred. Jude Law just did a video recently where he was discussing his acting career and they had to blur the images of his framed artworks because they didn't have the rights to use it. You don't generally think of these things until a cease and desist pops up.

So at face value, fair use and not directly ripping someone else's content should be common sense, but there is a grey area that can catch creators unaware, and unfortunately there's companies out there becoming more aware of this, and they will chase people down with content claims and content strikes for fair use where they know the creator doesn't have enough knowledge of fair use to defend themselves. Like patent trolls.

 

[Stanley | Team TB]

At first you'd think so, but sometimes the fair use doctrine can be a bit grey, especially when using someone else's content for the sake of demonstration. This is why many channels go with screen grabs from films instead of actually using film clips.
"Binging with Babish" bases his food recipes on famous meals in cinema and television, and he often uses a short clip as a reference for what his recipe will be, the problem there being depending on the studio, they can STILL try to claim the video based on the footage. That's where you can try and argue fair use, but fair use is only decided by a judge, and that requires courts and $ to spend on court cases and lawyers just to prove a 10 second clip of footage was used in a transformative way.

You can actually get sued for having someone's artwork showing in a framed photo on your wall, and you just happen to have it show up in your footage. That's why you'll sometimes see people with t shirts and the image is blurred. Jude Law just did a video recently where he was discussing his acting career and they had to blur the images of his framed artworks because they didn't have the rights to use it. You don't generally think of these things until a cease and desist pops up.

So at face value, fair use and not directly ripping someone else's content should be common sense, but there is a grey area that can catch creators unaware, and unfortunately there's companies out there becoming more aware of this, and they will chase people down with content claims and content strikes for fair use where they know the creator doesn't have enough knowledge of fair use to defend themselves. Like patent trolls.

I agree... and I didn't mean to make it sound simple. More importantly I stress the need to avoid doing anything blatant regarding copyright. At least if you attempt to follow Fair Use you set yourself up for a court case that you may be able to win. But the initial question was whether we would just run with a video that had obvious copyright issues and let it get claimed. I almost-absolutely would not, Fair Use being one of several reasons why I take that stance (not the best reason, but a solid one at least).

 

[Ragulsundaram]

never ever post a copyrighted content in your video. Copyright claim won't affect the channel that much but the strikes can destroy you. The owner can do both on what ever he feels like. So never I repeat never do that

 

[Explorer Gaming]

First of all, Hi everyone I am new here, I am a gamer and a designer.
I started youtube a month now, During this time I have posted video gameplay That I really love and enjoy, "Life is strange True colors" Because I am playing for the first time, I really want to enjoy it, I know there is an option to mute the music that has a copyright issue, but I did not mind, I played the whole thing with the music and when I uploaded what equals to 12 hours of Gameplay they all have a copyright issue. So my answer is it's fine to post something that has copyright as long as you love doing it. Also the more videos you have the better chances of views you have, especially if you just starting out, like me. But when you generate moula from your videos I don't think it's a good idea to post something that has a copyright issue even if you have spent hours editing it.

 

[Venture]

I have had this issue twice and all that came into my mind was, I just started YT so why should I be allowing copyrighted stuffs to be in my videos any. Just went ahead and deleted them, made the same video but this time with caution to avoid strike.