Nevertheless,
to answer your question: if the content you wish to use is copyrighted, you
have to ask for written permission to use it. There is an exception from that,
too - that is called ‘fair use’.
What is fair use?
Fair
use is a legal doctrine that says you can reuse copyright-protected material
under certain circumstances without getting permission from the copyright
owner.
Different
countries have different rules about when it’s okay to use material without the
copyright owner’s permission. For example, in the United States, works of
commentary, criticism, research, teaching, or news reporting might be
considered fair use. Some other countries have a similar idea called fair
dealing that may work differently.
Courts
analyze potential fair uses according to the facts of each specific case.
You’ll probably want to get legal advice from an expert before uploading videos
that contain copyright-protected material.
Can I really make money using material from other people’s work?
The
four factors of fair use:
In
the United States, fair use is determined by a judge, who analyzes how each of
the four factors of fair use applies to a specific case.
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
Courts
typically focus on whether the use is “transformative.” That is, whether it
adds new expression or meaning to the original, or whether it merely copies
from the original. Commercial uses are less likely to be considered fair,
though it’s possible to monetize a video and still take advantage of the fair
use defense.
2. The nature of the copyrighted work
Using
material from primarily factual works is more likely to be fair than using
purely fictional works.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
Borrowing
small bits of material from an original work is more likely to be considered
fair use than borrowing large portions. However, even a small taking may weigh
against fair use in some situations if it constitutes the "heart" of
the work.
4. The effect of the use upon the potential market for, or value of, the copyrighted work
Uses
that harm the copyright owner’s ability to profit from his or her original work
are less likely to be fair uses. Courts have sometimes made an exception under
this factor in cases involving parodies.
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