Fair use is a confusing concept. Is it legal? Can you make money off of it? What exactly is it?
In this post, we’ll answer all those questions and more. We’ll discuss what fair use is, how you can use it in your videos, and whether or not you can make money from it.
What Is Fair Use Exactly?
Fair use is a legal doctrine that allows you to use copyrighted material in certain ways without getting permission from the copyright holder.
It’s important to note that there is no bright-line rule when it comes to fair use. Whether or not something is considered fair use is decided on a case-by-case basis.
There are four factors that are considered when determining whether or not something is fair use:
- The purpose and character of the use
- The nature of the copyrighted work
- The amount and substantiality of the portion used
- The effect of the use on the potential market for or value of the copyrighted work
Answer To The Question Can You Make Money With Fair Use:
The answer is yes. As a YouTuber, you can make money off your videos even if they contain copyrighted material, as long as that use is considered fair use.
There are many examples of Fair Use on YouTube, and using copyrighted material in your video is more common than you might think. For example, if you’re reviewing a movie or video game, it’s likely that you’ll use clips from the work itself to illustrate your points.
Keep in mind that just because something is considered fair use doesn’t mean that you won’t get a copyright strike from YouTube. If a copyright holder files a claim against your video, YouTube will review the video and decide whether or not to take it down.
If you believe that your video was taken down unfairly, you can file a counter-notice with YouTube.
Guide To Using Content As Fair Use
Now that we’ve answered the question, “Can you make money with fair use?”, let’s take a more in-depth look at how you can use it in your videos.
Here are some tips for using fair use:
Make Sure You Add Value
You can’t just repost someones work and call it fair use. If you want to use someone else’s content in your video, you need to make sure that you’re adding value to the original work.
For example, if you’re reviewing a movie, don’t just post clips from the film with text explaining everything.
Instead, try to add something new to the discussion. Offer your own analysis and interpretation of the work. Use clips from the film to illustrate your points, but make sure that you’re not just regurgitating what’s already out there.
Be transformative in the way that you use the copyrighted material.
Don’t Use More Than You Need
When you’re using copyrighted material in your video, only use as much as you need to make your point.
If you’re reviewing a movie, for example, don’t post the entire film. Just use short clips that are necessary to illustrate your points.
The less of the work you use, the more likely it is that your use will be considered fair.
Shining Negative Light On The Work
If you shine negative light on the work, there’s more of a chance you will get hit with a copyright strike. This is because heavily negative feedback can keep people from viewing the work and, as a result, negatively impact the copyright holder’s bottom line.
Be Original
Don’t say what every other YouTuber is saying about a work. Find your own unique angle and perspective.
How To Ensure You Definitely Don’t Get a Copyright Strike
There’s only one definite way to ensure that you don’t get a copyright strike, and that’s to get permission from the copyright holder before using their work in your video.
This, however, is often easier said than done. If you’re using a small amount of copyrighted material from a well-known work, it’s unlikely that the copyright holder will give you permission.
What Are Some Examples Of How Youtubers Use Fair Use To Make Money
There are a few channel types that often use fair use.
Let’s take a look at some examples:
Movie/TV Show Review Channels
These channels usually use short clips from the work to illustrate their points. The YouTubers will also often add their own commentary and analysis.
Video Game Channels
Similar to movie/TV show review channels, video game channels will use short gameplay clips to illustrate their points. The YouTubers will also often add their own commentary and analysis.
Let’s Play Channels
These channels show people playing video games. The YouTubers will often provide commentary as they play.
Music Channels
Music channels use copyrighted music in their videos. The YouTubers will often add their own commentary, analysis, or visual effects to the videos.
Can You Make a Living Through Fair Use?
There’s no easy answer to this question. While there are YouTubers who make a living through fair use, it’s often because they’re part of a larger network or have another source of income.
Tips For People Wanting To Start a Channel Like This
Below we will list a few tips for people wanting to start a channel that uses fair use:
Do your research
Make sure you know the ins and outs of fair use before you start your channel. The last thing you want is to get hit with a copyright strike because you didn’t know what you were doing.
Find a niche
There are a lot of movie/TV show review channels out there. To stand out, you need to find a niche. For example, you could focus on reviewing independent films or foreign films.
Be original
As we mentioned before, it’s important to be original if you want to succeed with this type of channel. Find your own unique angle and perspective.
Be professional
Even though you’re using copyrighted material, it’s important to be professional. This means having high-quality videos and audio, as well as well-written descriptions and titles.
Diversify Your Income
Don’t overly rely on ad revenue from YouTube. Look for other ways to monetize your channel, such as through sponsorships or affiliate marketing.
Consider Getting Legal Advice
We aren’t legal professionals, so if you really want to be safe, consider talking to a legal professional who specializes in fair use laws.
Final Thoughts
There’s no easy answer when it comes to whether or not you can make money with fair use. It depends on a number of factors, such as the type of channel you have and the niche you’re in.
The best way to ensure you don’t get a copyright strike is to get permission from the copyright holder before using their work in your video. However, this is often easier said than done.
If you’re thinking about starting a channel that uses fair use, make sure you do your research.
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