Rage About it: YouTube and Fair Use
So what is this? This is a weekly opinion piece that I, Fiaura, will be writing about stuff that irritates the hell of out me. I will also talk about mistakes I personally have made in the past or in the last week to illustrate that I can be dumb too. That much said let us begin with something I’ve done: Understanding Fair Use or How YouTube really Works.
Last Saturday, I had a rage moment because someone on my opposing team was accused of stream sniping by my platoonmates. I tried my stream sniper test and sure enough I got killed. In retrospect said test has more than 1 way to fail. I raged; we all do this sometimes and as a streamer, you go over the top when you do.
Next day, a much smaller YouTuber has taken parts of my stream, according to YouTube 9 mins and 34 seconds of it, and posted it on their channel as a way to basically make fun of me and then attempt to force me to apologize. Now here is where you have to understand YouTube’s policies and what Fair use is. According to YouTube, any time you take someone else’s content from their channel put it into a video and post it, even if it might sorta fall into fair use guidelines, it doesn’t. Under their community guidelines you have to agree to, YouTube states that videos posted by it’s Users do not fall public domain and fair use unless a channel has been inactive for more than 12 months. Otherwise the video is the copyright of the entity that originally posted it. In addition, the video is the trademark of the individual whom created the content. In this guideline it goes further to say that such videos are only up at the discretion of the original owner and creator of the content and they may have them copyright struck at any time.
Now, I had no problem with the video what so ever, none except they monetized it. In addition, at the end of the video gave a call to arms for their subscribers to come and openly attack me. Now I have to act, to protect my video copyrights and keep the precedent that my content belongs to me. So I requested the video removal in the comments and called google’s “excellent” copyright claim support to verify my rights in the matter. After 24 hours, I issued a strike. They then reposted and claimed fair use and proceeded to post the video to another YouTube channel, twitch, and daily motion.
Dear’s this is not how YouTube nor Fair Use work. You really should learn this. Furthermore, fueling a drama fight against someone who isn’t engaging in your drama fight invites harm to yourself. They are going to just strike the videos to protect their copyright. This isn’t even good trolling. You see I wish that you could bad mouth someone on your channel on YouTube and cause them to lose subscribers; I really do but that isn’t how it works. You are giving free press to the person, giving them hits on their channel, and increasing the rate they will receive views in the future. “But I disliked that video, it shouldn’t help them.” Wrong. YouTube’s search engine takes a dislike as well as a like at equal value and both raise the hit rate of the video. Furthermore comments are equal to 11 likes or dislikes on a video even deleted comments or ones where the commenter was banned from the channel. That’s right folks how do you actually impact someone on YouTube? You ignore them. Actively doing stuff only helps, examples are channel’s like Leafy is Here or Drama Alert.
(Note something else: You can’t make money when using Fair Use; Monetizing something Voids your right to Fair Use)
Citation Link for you: http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use
Now moving on to the Fair Use bit. Let’s explain what Fair Use is: Transformative work, reviews, and work that uses other work to create new forms of art, music, literature, and media. Pretty vague but diving deeper you are not allowed to use someone else’s work except works of Public Domain (those that are no longer under copyright). That is without their permission you aren’t allowed to use in excess of 29.9 seconds of footage that has no commentary, transformative creation done to it to significantly change the original work, or is not part of a review that highlights something about the piece you are borrowing from in question. It’s like writing a paper and not putting a citation in, you can’t do that unless it is genuinely something you have found out and is your own words. So, taking someone else’s video and post more than 29.9 seconds of their work without their permission and without commentary for a review is a big no no, including other YouTube videos.
Don’t be a Drama Queen, it hurts you and benefits no one, listen to someone who has been there
What will they do now? Not sure all I know is they believe that this is costing me viewers and causing “Great Problems” for my channel and “You’ll be sorry for messing with the ***** Clan”. All I can say is, not really; I haven’t felt sorry yet, and it has been a great source of entertainment for me other than the 19 hours I’ve been on the phone with Google this weekend to verify my copyrights…….. 10/10 Customer support.
YouTube’s Normal Support: https://support.google.com/youtube/answer/6396261?hl=en
I have gone over to their TS, before the second video was posted, and apologized to their leadership as well as the members in question, removed the offended video for them and agreed to just let it go. But this YouTuber seems intent, and based upon the comments the clan leadership as well, on driving this issue not realizing they are in a battle they can’t win because they started legally on the wrong side of it. Whatever you do, learn from someone who has been that person, don’t be this person. It won’t help you in the end and won’t hurt the person you are trying to hurt.
Anyway I hope this has enlightened you to what Fair use is and hopefully it helps with your own content creation. Also, don’t think making bad videos about other YouTubers really affects them negatively, trust me I went down that road once it only hurt me in the long run, the other content creator could care less. I am now on the other end of this and can see how stupid I was. What’s worse is it just provides me with entertainment while they wail away for drama. I see how I would have been wiser to just ignore, remove the troll comments, and move on like nothing happened.
In Short: Know what your rights are if you create videos, Know how to exercise them, and Fighting is pointless go about your day and take criticism that is useful, ignore that which is not.
Good Luck and Go Have Fun,
Check her out at: www.youtube.com/c/FiauraTheTankGirlGamer