question about a channel

[Gamer's Supreme Jungle]

anyone that knows what their saying confirm that this channel is protected under fair use? it uses clips from shows and celebs ...etc as news with co commentary on all video it claims whats below but anyone can just put that so im asking does it really fall under fair use? what they claim in all video is below.




((***ALWAYS REAL ALWAYS RAW ALWAYS UNCUT*** This Is A Hip Hop / Sports News Reporting Site" Covered Under Copyright Disclaimer Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.))

 

[LW]

That's a legal wall of text anyone can post in their descriptions, little known fact it does nothing...

Here's what goes under Fair Use:

• The copyrighted material used isn't the main focus of the video
• The video doesn't create a market substitute to the copyrighted content

Let's use some examples to visualize this:
Reuploads: Not Fair Use
Reuploads with slight edits (sound effects, cropping, whatever): You guessed it, not fair use
A parody of the copyrighted content: Fair Use
Talking about the copyrighted content while showing it (e.g. News channels): Fair Use

TLDR put your own stuff first and use the copyrighted material to enhance it and you'll be okay.

[Channel] keeps doing it and they don't get problems, your arguments are all bull, I'll make the same channel!
(I get this a lot so I'm just including it already)

1) You never know whether or not a channel has gotten problems for copyright or community guidelines. A channel looks the same way with no strikes as it looks with one strike from being terminated.

2) Just because they weren't caught yet doesn't mean they can't be. There's a crap ton of spam on YouTube, some of it is public but a lot of it gets caught and never is seen by you. If a channel violates copyright in three videos (that's not much) it can be nuked in one quick second with three strikes. Don't challenge it.

3) Where's the fun in growing a channel with stolen content?

 

[zeke morgan]

Well I was going to go into depth about this, but I think that @LW001 has covered things rather nicely.

 

[Gamer's Supreme Jungle]

to be honest with you dude (the first guy that replied ) dont mean to ne negative im very very thankful fr the response very grateful but i have to read though your entire post to get what i was looking for which was a yes or no to if the channel videos fall under fair use but i had to read through and saw

Talking about the copyrighted content while showing it (e.g. News channels): Fair Use

which is what he claims his channel is about news of some sort im still wondering tho if it is actually news for example if freedom and wwe network had an interview he would make a video on part of the interview with title

freedom creator gets mad when wwe network owners say their company is too small - and show that part of the interview

so does this fall under news / fair use of some type ? this is what they do i want to make a news channel like this[DOUBLEPOST=1522649233][/DOUBLEPOST]also im interested in the part where you say

TLDR put your own stuff first and use the copyrighted material to enhance it and you'll be okay.

because i saw gamers putting seconds clips of tv shows even movies as meme ,,,etc in for example a cod montage so i can use clips from movies or shows for example someone from a movie smiling to enhance my video ?

 

[LW]

what i was looking for which was a yes or no to if the channel videos fall under fair use

1) You never showed the channel rolleyes
2) Fair Use is never a clear yes or no answer. Actually in the end the only place that can say whether a video is fair use or not is a court of law.

if freedom and wwe network had an interview he would make a video on part of the interview with title

If the video is relevant to the interview there's nothing against it.

because i saw gamers putting seconds clips of tv shows even movies as meme ,,,etc in for example a cod montage so i can use clips from movies or shows for example someone from a movie smiling to enhance my video ?

The amount of the content isn't a 100% safe island but mostly if it's a second long clip nobody will care most of the time.

 

[Gamer's Supreme Jungle]

sorry the link must have been deleted since im new channel name is
Viral Hip Hop News

 

[LW]

They seem to talk over it so it's probably fine

 

[Gamer's Supreme Jungle]

they dont talk over it let me give you a example of how all of their videos goes lets say YOU LW001 had an interview about me and u said my channel is ****

they will take the part of the video that you said my channel is **** and title will be LW001 says GSJ channel is ******

so is that news or what no talk over video or any thing

 

[LW]

If they just reupload it it is copyright infringement

 

[Smart Facts UK]

sounds like fox news

 

[Gamer's Supreme Jungle]

not the entire interview just part of it and they say in the title in this part A TELLS THE TRUTH ABOUT B ADDICTION so does it fall under news or not

 

[LW]

not the entire interview just part of it and they say in the title in this part A TELLS THE TRUTH ABOUT B ADDICTION so does it fall under news or not

The amount you take is irrelevant as long as it helps you improve content you are creating yourself. Tha way you title of doesn't matter. This would fall under:

Reuploads with slight edits (sound effects, cropping, whatever): You guessed it, not fair use

 

[Gamer's Supreme Jungle]

so you are saying this entire channel is not news[DOUBLEPOST=1522692163][/DOUBLEPOST]interesting anyway thanks

 

[LW]

so you are saying this entire channel is not news[DOUBLEPOST=1522692163][/DOUBLEPOST]interesting anyway thanks

I wasn't talking about it being news or not, this thread is about Fair Use.

 

[Gamer's Supreme Jungle]

sorry for being anoying just trying to get to the buttom of this because i want to create a similar channel okay its a news channel but is this type of news the way they post it is this safe

 

[LW]

sorry for being anoying just trying to get to the buttom of this because i want to create a similar channel okay its a news channel but is this type of news the way they post it is this safe

No, though if you talk over it and include enough of your own content about it it can be. Fair Use is never guaranteed so the fewer of their content you use the higher your chances are of it being fair Use.

Also personally I'd not make a channel like this because you're basing it off that content which takes away two of your strongest defences, those being market substitutes (Your video isn't much different to the original) and the content being the main focus of the video which is most of fair use. Don't try it.

 

[Gamer's Supreme Jungle]

ah ok thanks ill try to make something similar but with text to speech voice over