[00:02] Hi, I'm Sari, here to answer your copyright questions. COPYRIGHT. FAIR USE. Fair Use allows you to reuse copyright-protected material
[00:17] under certain circumstances without getting permission from the copyright owner. Fair Use is an exception to copyright law and is not determined by YouTube. YouTube does not decide what is Fair Use, and what isn't.
[00:31] Different countries have different rules about when it's okay to use material In some countries, it's not even called Fair Use.
[00:43] Aside from what your country calls it, courts usually focus on whether your use of another person's song or video Basically, they're asking if you added new expression or meaning to the original work
[00:58] For example, in the US, content that might be considered Fair Use includes commentary, criticism, or news reporting. Also, keep in mind that just because you say something is Fair Use,
[01:12] or add a disclaimer like "no infringement intended," How is Fair Use determined by law? Determining Fair Use is never a cut-and-dry process.
[01:27] In the US, Fair Use can only be determined in court by a judge. The judge will look at your case overall based on a few different factors. You're less likely to qualify for Fair Use
[01:42] if your video merely copies someone else's and adds nothing else. If you're using fictional copyrighted material rather than factual material. If you borrowed a large amount of material rather than a small portion.
[01:57] Or, if your use of the material harms the copyright owner's ability to profit So, all of these are helpful factors to consider when thinking about Fair Use.
[02:11] But, also keep in mind there is no guarantee that you'll qualify for Fair Use For example, just because you don't monetize your video or if you only use a small portion of the copyrighted material,
[02:25] Again, the courts look at everything holistically and there's always a risk involved when using someone else's copyrighted work. Think carefully about all of these factors and get legal advice if needed.
[02:39] How is that not abuse? One of the biggest myths about Fair Use is that there's a minimum amount of time But despite what some people might think,
[02:52] that is automatically protected under Fair Use. for songs that only sampled a few seconds of someone else's work.
[03:05] even a few seconds You have the right to argue Fair Use whether the use of someone else's content is protected under Fair Use.
[03:21] to remove claim content whenever possible That's why we've built tools to help you easily identify the content
[03:33] and remove or swap out claimed music with copyright-safe tracks We're also now requiring claimants to add timestamps to these claims so you know exactly which piece of your video is being claimed.
[03:48] so that when you remove the content manually claimed in your video restoring monetization to your video if you were previously monetizing.
[04:00] keep getting claimed by Content ID? Automated systems like Content ID can't determine Fair Use that can only be made by a court.
[04:14] and automated systems like Content ID can't account for Fair Use If you're a creator, you should avoid relying on Fair Use
[04:27] and you're prepared to defend your position and potentially the counter-notification process. This isn't a decision that should be taken lightly
[04:41] But it is the most powerful step you can take and will force the most thoughtful review from the claimant. Check out more info in our Help Center, linked in the description below.
[04:56] And be sure to check out the other videos in our copyright series YOUTUBE CREATORS CHANNEL