Legal Use: Short Clips from Copyrighted Videos on YouTube
Using short clips of copyrighted videos on YouTube can be a great way to enhance your own content, provide examples, and participate in commentary and criticism. However, it’s important to follow YouTube and copyright law guidelines to avoid penalties. This comprehensive guide will teach you how to legally and safely repurpose small portions of copyrighted YouTube videos.
Uploading copyrighted content in its entirety is strictly prohibited on YouTube. However, repurposing short portions of copyrighted videos can fall under fair use, allowing you to legally comment on, critique, parody or reference that content without permission from the copyright holder.
The key factors determining fair use on YouTube are:
Length of the Used Portion
Using very brief clips – even just a few seconds – is more likely to qualify as fair use than longer portions. There are no absolute cut-offs, but most experts recommend keeping repurposed segments under 10-15 seconds.
Purpose and Character of Your Video
Transformative works like commentary, criticism, parody or review videos have more fair use protections. Simply reposting large chunks of a video with no added value does not qualify as fair use.
Impact on the Original Video’s Earning Potential
Using tiny segments strategically is unlikely to replace viewership of the full original video. Reposting large portions could disincentivize the copyright holder from that content remaining available.
In the rest of this guide, we’ll explore proper procedures for repurposing copyrighted content fairly on YouTube, overcoming copyright claims, and managing community guidelines strikes relating to these issues.
Best Practices for Fair Use of Copyrighted YouTube Videos
While YouTube’s algorithm may automatically flag your video for review, following these guidelines will help establish you acted ethically and legally under fair use:
Keep Clips Short
As a rule of thumb, keep repurposed clips under 15 seconds in length. For some types of videos like music, even shorter clips under 5 seconds are recommended. The shorter you keep the segment, the more likely it will qualify as fair use.
Attribute Properly
Always credit the original creator and video by embedding it or linking back to the source in your description. This shows good faith.
Add Transformative Value
Repurpose clips by putting them in a new context: giving commentary, critiquing, reviewing or parodying the segment. This creates new artistic value. Simply reposting large chunks without context does not qualify as fair use.
Dispute Claims Strategically
If you receive a copyright claim on your video, you can dispute it through YouTube’s system if you have followed fair use guidelines. Be prepared to explain specifically how your work is transformative and does not overly impact the original video’s earnings.
Don’t Monetize Others’ Content
Avoid attempting to monetize videos containing anyone else’s copyrighted content. This will almost always result in claims or strikes. Upload them as standard non-revenue videos.
Now let’s explore what to do when things go wrong, and you receive a copyright claim or strike from repurposing content.
Overcoming Copyright Claims on YouTube Videos
If your video containing short repurposed clips receives a copyright claim, here is the standard process:
Review the Claim Details
Check the rights holder making the claim and timestamps of the flagged content. Ensure you only used short, attributed clips in a transformative context and were not overly reliant on unedited content.
Edit Your Video If Needed
If your repurposed segment does seem overly long or lacking in transformative value, edit it down further or remove it. This is the easiest path to resolving minor issues.
Dispute the Claim
In the YouTube Studio copyright tool, formally dispute the claim and request retraction. Explain how your work qualifies as fair use, emphasizing its transformative purpose and minimal impact on the original.
File a Counter-Notification
If the claimant upholds their complaint, you can file a formal counter-notification explaining how you’ve complied with fair use. This puts responsibility on the claimant to take legal action if they still want the content removed.
Be Patient
The dispute process can take 30-60 days to play out in some cases. As long as you acted ethically, stood your ground on fair use, and did not publish overly long repurposed clips, you should ultimately achieve a positive result.
Avoiding Copyright Strikes
Receiving multiple copyright claims on your channel can result in copyright strikes – penalties that restrict your account such as temporary uploading bans. To avoid this:
Never Repost Full Videos
Uploading entire copyrighted videos you don’t hold the rights to will always result in strikes. Only small segments can qualify as fair use.
Comply With Removal Notices
If you receive a formal takedown notice from a claimant and have already disputed unsuccessfully, comply by removing the content to avoid strikes. You can consult a lawyer regarding formal retaliation against false notices if you strongly contest the claim as fair use.
Edit Videos Under Claim
If a copyright claim seems valid on a portion of your video, simply remove or edit down the flagged section rather than disputing. This will ensure no penalties to your account.
By carefully vetting videos for only small repurposed segments, attributing content properly, and avoiding overly reliance on unedited reposts, you can legally reference copyrighted YouTube videos without risking penalties.
Managing Community Guidelines Strikes
YouTube also has policies around “reused content” in their general Community Guidelines. Getting strikes for violating these guidelines can result in the same upload and account restrictions as copyright penalties. To avoid them when repurposing content:
Create Transformative Value
YouTube is looking for videos that add some kind of new commentary, narrative, critique, context or viewpoint using repurposed clips. Simply reposting large chunks of unedited content violates their policies. Keep this transformative context front-and-center in your work.
Don’t Mislead Viewers on Origins
Clearly attribute any repurposed content you use to the original creator. Implying it is your own original content could qualify as misleading metadata and risk penalties.
Comply With YouTube’s Fair Use Guidance
YouTube publishes guidance on qualifying for fair use protections when disputing copyright claims. While not definitive legal advice, complying with their published best practices shows good faith effort. Read and follow their guidance closely.
By keeping clips short, adding new transformative value, attributing creators, and disputing claims ethically, you can incorporate copyrighted YouTube videos without undue risk of strikes or penalties.
FAQ About Repurposing YouTube Videos
How much of a YouTube video can I use legally?
There is no absolute maximum, but keeping clips under 15 seconds is safest to qualify as fair use. For music videos or songs, even shorter clips under 5-10 seconds are recommended. The less you rely directly on unedited content, the better.
Do I have to credit a YouTube video if I reuse part of it?
Yes, you should always attribute the original video and creator when repurposing any portion, no matter how short. This shows good faith. Link back to the original or embed it visibly in your content.
Can I dispute a copyright claim if I only used 5 seconds?
Yes – if you only repurposed a very short segment (under 15 seconds) and added transformative value in how you framed or commented on it, disputing is reasonable to seek retraction of the claim as fair use, especially if the original video remains fully intact.
What happens if I get 3 copyright strikes?
Receiving 3 copyright strikes within 90 days will lead YouTube to terminate your entire channel and all its videos. That’s why it’s so important to carefully vet repurposed content, dispute claims ethically, and remove flagged portions if claims seem reasonably valid.
Can I reuse YouTube clips if I don’t monetize my video?
Simply not monetizing does not inherently qualify repurposing content as fair use, though it does help your case. More importantly is keeping clips very short (under 15 seconds) and adding transformative commentary or critique. Small attributions without monetization in a transformative context have the best case for fair use protections.
Conclusion
Exercising your fair use rights by repurposing small segments of YouTube videos can provide powerful commentary, critique and review value. By understanding proper procedures around attribution, clip length, transformative context, and the ethical dispute process, you can legally reference copyrighted videos without undue risk of penalties.
Focus on framing short clips in wholly new contexts, add commentary and insight, credit creators, comply with takedowns when reasonably requested, and dispute questionable claims on their merits. Follow this guide, and you can tap into the richness of YouTube content while safely avoiding copyright complications.
