YouTube Question How to use another channel's footage without getting a strike?

[Amanda Summers]

I'm doing a video about 10 things about Nepal and was doing some research. I come upon this channel that is totally misleading. Just about every point was bad and would push people away from choosing Nepal. They even had a piece of porn, which was the thing that pushed me over the top. But then I realized it would be a great opportunity to do a 'debunking' video on his 'things you cannot do in Nepal.'

How to do a debunking video without getting a problem? I saw a video where the host said he got into trouble like this, but some things really need to be said. I'm thinking of using two cameras with one on my front and the other one showing his video on my computer (just short blurbs) like over my shoulder. I would show a short clip of his video and then do a vlog-style chat about what's wrong with it point by point. I don't understand how 'fair use' works.

 

[ryeb0i]

You can, yeah, do a reaction video type format, indeed wherein you put a small version of the original video in one side, focused on you and your reaction in the rest of the screens. Then pause the video when you do commentary etc. I do a similar niche so I'm still learning.

What I understand with Fair Use is that you can use the video as part of your video, provided it becomes transformative in nature and not literally showing the original video over again.

I'd love to be educated morw on Fair Use, if ever someone else has more info.

 

[MattCommand1]

Plenty of videos on YT discussing fair use. It is too much to get into without a long writing exercise. Search "fair use on Youtube" in your YT search bar. It is that simple to find lots of videos on the topic.

 

[BraveStar]

Here's the jest of it. There is no guarantee that you won't get a strike on your channel no matter how hard you try to follow the rules of fair use and copyright infringement because in the end the content still belongs to that other channel and they can still claim a copyright and since the system is built around arguing the strike with the one claiming the copyright and not with YouTube it's up to the claimer to decide whether the strike stays or goes. YouTube does very little to help once a strike happens so every instance of a potential copyright infringement is a potential for a strike thus why there is no guarantee.

So, while some suggest you look up videos about fair use always remember that in the end it won't matter once a strike is given because the fight won't be with YouTube but with the claimant and they are also the judge and jury. Unless you're willing to go to court.

If you want an idea of just how bad it can get just look up what happened to Ludwig after he played the Babyshark song for a few seconds 3 days after leaving Twitch to stream fulltime on YouTube.

View: https://www.youtube.com/watch?v=sDPKQb86Qw0

 

[MattCommand1]

@Brave Starr brings up a hugely important point. I don't think about music much simply because I don't use any music beyond the plain vanilla stuff that comes with my video edit software. Even then, I rarely use music. But yeah! I consider using popular music on YT a risky thing. Users, beware!

 

[Amanda Summers]

Here's the jest of it. There is no guarantee that you won't get a strike on your channel no matter how hard you try to follow the rules of fair use and copyright infringement because in the end the content still belongs to that other channel and they can still claim a copyright and since the system is built around arguing the strike with the one claiming the copyright and not with YouTube it's up to the claimer to decide whether the strike stays or goes. YouTube does very little to help once a strike happens so every instance of a potential copyright infringement is a potential for a strike thus why there is no guarantee.

So, while some suggest you look up videos about fair use always remember that in the end it won't matter once a strike is given because the fight won't be with YouTube but with the claimant and they are also the judge and jury. Unless you're willing to go to court.

If you want an idea of just how bad it can get just look up what happened to Ludwig after he played the Babyshark song for a few seconds 3 days after leaving Twitch to stream fulltime on YouTube.

View: https://www.youtube.com/watch?v=sDPKQb86Qw0

He said he got banned, but he'll be back on Saturday. After he takes the offending video down he's good, right? You can have 3 copyright strikes, yes? But since I'm not monetized yet, it could hurt when I get the views to qualify for the partner program if I get a strike.
The guy I'm upset about, this guy does these scam-type videos all over the cheap countries like in Asia and has a lot of subs. A person like that is likely a person who would go for the juggler. I guess I'll just let good ole Karma deal with him. He's banned from India and now he's in Nepal spreading misleading videos without getting model releases.

 

[BraveStar]

He said he got banned, but he'll be back on Saturday. After he takes the offending video down he's good, right? You can have 3 copyright strikes, yes? But since I'm not monetized yet, it could hurt when I get the views to qualify for the partner program if I get a strike.
The guy I'm upset about, this guy does these scam-type videos all over the cheap countries like in Asia and has a lot of subs. A person like that is likely a person who would go for the juggler. I guess I'll just let good ole Karma deal with him. He's banned from India and now he's in Nepal spreading misleading videos without getting model releases.

He did get his ban lifted but that's not the point. The point is that the copyright system is solely dependent on the owner of the content you use in your content whether they want to claim the content or not regardless of fair use guidelines. Also you shouldn't be thinking about how many strikes you can get. Your goal should be to avoid getting any at all. I understand this desire to do what others already do, such as react videos and commentary from someone else video, but always take into account that no matter how successful someone is at making content based on using someone else content in their content (react videos, commentary, criticism, example, advertising or even montages), copyright strikes can and do still happen to them.