Solved TOP 10 channel

Status
Not open for further replies.

RoboPlayground

Rising User
Oct 19, 2017
36
2
YouTube
hey all.. looking for a to the point answer not to long not to short :)

im working on a top countdown channel for example (top 10......)) anyway :rolleyes:

i saw some top 10 videos like top 2018 games that will blow your mind saw them using clips from these games from the offical game trailer does this fall under fair use for top countdown channels ?

also any ideas what my top countdown channel content could be like that would fall under fair use

any ideas of content that will allow me to monetize my videos?

thanks in advance !! :D:oops:
 

zeke morgan

Mythic User
Freedom! Member
Dec 8, 2015
3,810
1,638
YouTube
Unfortunately Fair Use can be a bit tricky especially as your planning to monetise your creation based on derivatives of someone else's work. (I.e using their clips to make money). Typically there are four things you need to consider when weighing up if something could be considered 'Fair Use'

1. The purpose and character of the use, including whether such use is of commercial nature or is for non-profit educational purposes
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 is possible to monetise a video and still take advantage of the fair use defence.

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.

It really depends on what types of clips you want to use (I know you stated clips from trailers) and how you would use this. While you could do a commentary or voice over similar to channels such as AllTime10's, List25 or WatchMojo you may also face manual copyright detection from YouTube, but it is a bit of a roll of the dice on whether or not any claims / strikes would be upheld under 'Fair Use'
 
Upvote 0
Status
Not open for further replies.