- Have you ever wanted to use a movie clip
in your video like all
those other YouTubers do
and wondered how to get away with it?
- So you're telling me there's a chance.
- If so post heck yes
in the comments below.
- Yeah.
- Maybe you wanted to take
the most meaningful line
in all of movie history
and put in your video.
(vocalizing)
But, you don't wanna go to prison.
- Come on you filthy, slimy, mangy cad.
(door thuds)
(dog whines)
No, no, no, no, no I didn't mean it.
(upbeat music)
- Hey, I'm Trevor Jones, Hollywood editor
turn full time real estate agent.
On this channel I'll teach
you to create better videos
so you can sell more of whatever it is
you're selling like houses.
Go ahead and hit that
subscribe button right there.
Right now, do it, do it I'll wait.
(electronic whirring)
And, tap that bell so you don't
miss out on future content.
(bell tolls)
First things first.
- [Announcer] Trevor is
not a lawyer and doesn't
play one on TV.
Nothing in this video should
be construed as legal advice.
If you do what Trevor
says and end up in jail,
well, you're just dumb.
- Stick to the end of this
video and I'll give you
four tips that'll help you avoid jail
if you do happen to drop
in a couple of movie clips
into your videos once in a while.
- Before we get started
does anyone wanna get out?
- I sometimes use movie
clips in my videos.
It makes them more watchable, more fun.
- 60% of the time it works every time.
- But, here's the thing.
I am taking a risk.
The best rule of thumb to
follow when posting videos
on YouTube, Facebook, or
anywhere else is to only
post original content that
you've personally created
or content that you have
express written consent
from the copyright holder to use.
If you don't do that you run a few risks.
- I will look for you.
I will find you and I will kill you.
- The first one is a copyright
claim on your videos.
That's where Facebook says,
"Hey, copyright claim."
And, if you happen to
have a monetized channel
any money that was going
to you could be either
going to the copyright
holder or split between you
and the copyright holder.
That's kind of the slap on the
hand thing that can happen.
The other thing that can
happen is a copyright strike.
And, if you get three strikes
on YouTube your channel is done.
- Come with me if you want to live.
- You might think there's
nothing more serious
than having your YouTube
channel wiped from
the face of the Earth, but there is.
You could get sued.
- Don't you put that
evil on me, Ricky Bobby.
- YouTube wants you to post videos.
They want them to be awesome
and entertaining and watchable.
They want people to keep
watching your videos.
They're on your side,
they're not your enemy.
However, YouTube doesn't
want you to get sued
and YouTube doesn't
wanna get sued, either.
- Don't rock the boat.
- Is it possible to use
someone else's content
like from a movie or a TV
show in your videos legally?
Well, yes.
- Boom, shaka-laka.
- Fair use is a legal doctrine that says
you can reuse copyright protected material
under certain circumstances
without getting permission
from the copyright holder.
Commentary, criticism,
teaching, news reporting
might all be considered Fair Use.
The challenge is Fair Use is--
- Like a bit ball of wibbley,
wobbley, timey whimey stuff.
- The reality is only
a judge can determined
whether or not a clip
you used in your video
that you thought was
Fair Use actually was.
Luckily, there's some
guidelines we can look at
to determine whether
our intended use of that
copyrighted clip is actually Fair Use.
There are four main factors
that are considered.
The first factor is the
purpose and character
of the use.
Is it non-profit education
or is it commercial?
This video is educational
in nature, but I've got
affiliate links in the description.
However, it is still possible
for Fair Use to apply
even for commercial videos.
The law has also recently
been expanded to include
whether or not the use of
the clip is transformative
in nature, does it change the
original message or meaning.
When I drop in a quip
responding to something I say
in this video that's
transformative, I think
because that's not how it
was originally intended
when they created the movie, right?
- You don't know what you're
talking about, do you?
- Um, no not really.
Actually, what I did there is a great way
to transform the clip
you want to acknowledge,
comment on, or respond to a clip
that you drop in your video.
The next thing considered is the nature
of the copyrighted work.
The more original or
creative the work the more
protection it gets under Fair Use
and the more informational the more likely
you are to be able to get away
with using it in your video.
So, fictional works like fictional movies
and fictional TV shows
get way more protection
under Fair Use while non-fictional works
such as news and
documentaries and biographies
which are full of un-copyrightable facts
get less protection under Fair Use.
- Re-he-he-he-he-heally.
- The third factor to
consider is how much you use.
Did you use a quantitatively
substantial amount
of the original work or did you use just
a tiny little percentage of it?
(thuds)
- Mantis, look out.
- They look at how long
the clip you used was
and compare it to how long
the original work was,
what percentage of that
original work you used.
For example, if you used
three seconds of a 90 minute
movie that's not really
quantitatively substantial.
However, if you post Star Wars Episode 237
in its entirety on your YouTube channel
that is a quantitatively
substantial amount
of that movie.
It also means you're a time
traveler, which is kind of cool
so maybe you could get away with it.
- Back to the future.
- Courts also look at the
qualitative substantiality
of the clip.
Did you use a meaningless
quip from from a movie?
- You two are just dumber
than a bag of hammers.
- Or, did you post heart
of the movie in your video?
- I am your father.
- The fourth consideration
is effect of the use
on the potential market for, or value of,
the copyrighted work.
- I have no idea what
you're talking about.
- I.e. whether your market
update from Podunk nowhere
with 10 views effects
Marvel's ability to make money
on End Game.
(sweeping music)
- Apparently, courts can
also make up other crap
to determine a case, so there
is no clear cut formula.
This is supposed to be a flexible tool,
so it's super gray and unpredictable.
- All right.
- Here are four quick
tips to decrease your odds
of getting a copyright
claim when using a movie
or TV clip in your videos.
Number one, keep it short.
Number two, give credit
to the copyright holder
in the description of your
video and include a link.
This is a not a guarantee,
but it's supposed to help.
Number three, don't say
mean things about the clip
you're ripping off.
I mean, if it's a commentary
and you're commenting on
a terrible movie I guess you
can, then it's appropriate
but just kind of play it safe.
Number four, when you
drop a clip in your video
acknowledge it, comment on it, reply to it
so that the use becomes transformative.
There's a good video by Ian
Corzine in the link below,
an actual YouTube lawyer.
He gives some great tips
you might wanna check out.
What about me?
Well, I'm gonna try to follow
the Fair Use guidelines
and continue using movie
and TV clips appropriately
in my videos and cross my fingers.
I've never had a copyright
claim on this channel.
I may or may not have had issues
on my other YouTube channels
during my learning phase, but--
- I'm not at liberty to discuss it.
- In the Supreme Court Case Harper and Row
versus the Nation the
majority opinion came up
with a really nice rough guideline.
They said, "Take not from
others to such an extent
"and in such a manner that
you would be resentful
"if they so took from you."
If you wanna find out how
I find and download clips
for use in my videos check
out that video right there.
If you wanna learn about
the dreaded Article 13
recently passed in the European Union,
better watch that video.
And, don't forget to subscribe,
that's that right there.
I can't wait to see the original
content you have to share.
