[00:02] lawyer specializing in digital law. Look, this video is definitive: how to know which channels allow editing, how to use videos, how to create edits without violating copyright rules, and I'm going to show
[00:20] copyright rules, and I'm going to show you the rules related to monetization, what to do and what not to do, what you'll do that will be a failure if you intend to make edits, and what you can do to
[00:35] edits, and what you can do to monetize legally without violating Brazilian copyright rules and the rules and usage policies of the rules and usage policies of YouTube or other social networks.
[00:48] I immediately make a reservation here because each social network handles the issue in a different way. TikTok, for example, is a bit disorganized. We have a series of news reports from copyright companies asking for stricter
[01:02] monitoring algorithms because they were allowing the monetization of copies of services that we call reused or duplicated content, however you want to call it. And many people monetize today, but that has changed. It's necessary to add some
[01:18] elements. Other more established networks are tightening the net, like YouTube itself. We here, who advocate for copyright holders of podcasts, We know that YouTube itself has
[01:30] very skillful detection algorithms, some of which detect content at upload time, blocking monetization. This doesn't constitute a strike; the revenue from that video goes to the copyright holder, who has already
[01:48] are duplicated and whether they will accept this duplication or issue a strike on your channel. Therefore, it's logical that the market for content editing is very profitable. We serve a number of authorized people here who do
[02:01] a very good and honest job, but if you intend to start, start with a solid foundation. Nothing is more difficult than having 1000 subscribers, 4000 hours of viewing time, and having your channel blocked or labeled as violating
[02:16] reuse rules or reused content. For many here, that means blocking, right? In other words, you need to create another channel. There are errors on the part of the platforms, and if you have authorization and haven't violated
[02:30] the concept of acceptable use, seek a specialized lawyer. There are a number of decisions against these platforms, including this one, which ordered the reinstatement of the channel and the
[02:43] unblocking of any blocked AdSense, under penalty of a daily fine. Algorithms make mistakes, and these companies must prove why they did so. This is very important, but aside from the issue of errors, which is a topic for
[02:59] other videos, I ask that you subscribe to this channel. Exclusive content, the biggest channel on digital law and cybercrimes on YouTube. Here you will learn what you have to do to monetize. How it used to work:
[03:13] download it, or make a screen recorder of it, edit it, and add small excerpts, believing in that maxim of 15 seconds, 40 seconds, or a minute that is free. I don't know where people get that from;
[03:28] it's a myth. There is no clear definition of small excerpts; the jurisprudence itself changes regarding this. You posted it, and it monetized. Today, this goes to the Producer's panel, and the producer will report it, or the
[03:41] algorithm itself will report it, and if you get strikes, you lose your channel. Why do we, as producers, advocate for producers? We are very attentive to cuts. First, there are malicious cuts; there are cuts that don't
[03:54] wait a minimum time; there are cuts that distort speech, and what happens? These producers started to have civil liability, they started to be sued, that's why today there's a basic rule: I want to monetize
[04:09] edits without violating copyright rules. First point: you identify: What is the podcast? What is the channel? Analyze the interviews on that channel, observe the channel's description, go to the channel's "about" section, go to the video description on the channel, and
[04:25] go to the video description on the channel, and try to identify the authorization and rules for edits on that channel. But miracle, but with what authority? With what authority do I have to follow the rules? I've seen people telling me, "Well, if it's
[04:40] on the internet, it's public, I can post it." That's the biggest nonsense, the biggest stupidity on earth. You see comments here in that sense; they're stupid people who haven't studied, right? That concept doesn't exist. I'll show you here:
[04:55] I'll show you here: Article 29 of Law 9610, the copyright law, Article 29 of Law 9610, the copyright law, of the author for the use of the work in any form, whether
[05:08] partial reproduction, edits, or in its entirety, or other forms of use, including any other modalities that exist or may be invented. So, my friend, don't fall for the
[05:20] stupidity of believing people who don't understand anything here who say, "Oh, it's public."  You can use it, you just can't appropriate it. So, if you haven't identified the rules, the rule is to send a message. Notice that Law 9610,
[05:34] article 29, says that authorization must be prior and express. This means that I cannot post beforehand, and it means that there is no tacit authorization. In other words, "Oh, if he didn't say anything, it means he's allowing it"—nonsense! You'll get sued.
[05:49] producers are doing today. There are producers and producers. There are producers who allow everything, let people monetize, let
[06:01] people grow. Then the person gets 1, 2, 3 sponsors, another form of monetization, and when they're big, boom, comes the lawsuit demanding metrics all the time, demanding monetization, breach of confidentiality, and suing the
[06:17] sponsors. It's ridiculous, it happens. Okay, I've seen this defending these people from cuts because they thought that because it wasn't expressly prohibited, it was allowed, right? I don't know where they got that from. So, the
[06:31] first rule is to research. Second, have authorization, and if you don't have authorization published there, try sending a message for authorization. So,
[06:43] check this context. There are channels that authorize.  There are channels that don't authorize it, some use Creative Commons, and some use commercial licenses. They will share the revenue from your channel with you, and then there are
[06:56] channels that authorize it after 24 hours. Respect that, otherwise you'll get a strike Respect that, otherwise you'll get a strike and other legal action. Okay, so the fact that it's not explicitly stated that they authorize it doesn't give you a free pass to take the
[07:09] content and publish it. Now, if the person shared it, if they encourage editing, if they have a Discord community for editing, if they put it in the description, do it within the parameters. But how are you going to copy it and produce edits? No, because
[07:22] people would produce multiple edits, we would have many identical videos, many identical videos. YouTube doesn't want that. So, in order to monetize on YouTube, you need to establish a certain
[07:37] originality that characterizes what we call acceptable use. So it's very important that you take a video that authorizes it, and then you copy, paste, make that edit, and in that edit you will insert your
[07:53] own content, what people call masking—music, comments, a reaction. It can be at the beginning, in the middle, or at the end, but you will give it your originality so that the edited segment...  It doesn't have to be 100% or
[08:11] predominant, but there should be your participation, giving that video a novelty, even if derivative, that characterizes the acceptable use that exists on the platforms. I bring it to you here, look, the best known is
[08:27] acceptable use, this is YouTube. The courts analyze four factors to determine if the use is acceptable: purpose, character, nature of the work, amount and importance of the part used in relation to the work, and the effect of the
[08:40] use on the possible market or value of the copyrighted work. Some activities that may qualify as acceptable use include criticism, commentary, news reporting. Acceptable use serves to promote
[08:53] freedom of expression. So these are the exceptions to respects copyright and videos that they are producing or have authorization for. So I've seen people
[09:08] saying, "Don't use TV material, that 'll cause problems, right? Don't use this, don't use that." Nonsense, nonsense. If you're doing a critique, a news report, a reaction, a commentary, how many channels are doing that? Or even a cut with
[09:21] your reaction, with a change, that can be accepted. Okay? So I've shown you how you can achieve this.  To monetize content and create edits without legal copyright issues, it 's crucial to have authorization. This
[09:35] authorization must be explicit and given in advance. It's not enough to just post something; asking for permission first is important. If you don't see it published, check other factors or send a message. Even then, to avoid
[09:48] your channel being labeled as reusing content, you need to include original content, make an edit, a comment, a reaction, a statement, or something in your edit that provides sufficient originality
[10:04] to distinguish it from a faithful copy or a slavish copy. Because, let's face it, it would be very easy for these parasites to open CapCut, open Vegas, copy, paste, publish, and even profit from it. And that's what YouTube wants to avoid, under
[10:19] penalty of a channel receiving a strike or other copyright problems for these content creators, which doesn't preclude legal action against channels legal action against channels that monetize by violating the rules.
[10:32] content creators have show them what is irregular, which can generate civil liability. They can demand removal and payment of royalties for the content that was
[10:46] displayed or conversion of monetization. Something common, and for people who do editing, if you are within these rules and have a problem with your channel or account, for example, without any justification,
[11:00] authorized content is banned, or your monetization is withheld, or your entire channel is taken down, seek a lawyer specializing in digital law. There are many arbitrary errors by these networks that take entire channels down
[11:14] without proof, without justification, without giving the right to defense, violating their own rules and not only removing the content identified as potentially violating, but effectively taking everything down. Which is extremely
[11:27] unfair, and the judiciary is there for that. I hope you never reach that point, even though the networks make many mistakes. Therefore, it is up to us here, as content producers of edits, to be attentive to these rules,
[11:39] analyze it on Google Images to see what the rights are, just as I will use a video and put in a distinctive sufficiency in that video, editing, not using the entire work, not changing it, not making a critique, not making an analysis, but
[11:53] simply a pure excerpt, can characterize slavish copying. In the same way, you have to know that the network...  You ca n't violate your own rules and take away your monetization, withhold money you've earned, or make it impossible for you to
[12:07] are several cases. Reread and review this content, and here I direitod digital.adv so that you can reread and share this content, which is also written as "share," so more people
[12:22] may need it. Don't forget to subscribe to the channel; this content is weekly and sure that you, as a content creator, have a lot to contribute, and we enrich the debate because comments are part of this
[12:36] exchange of information that we do here. A hug and until next time.