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		<title>Deciding if Video is Fair Use</title>
		<description>Discuss Deciding if Video is Fair Use</description>
		<link>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use</link>
		<lastBuildDate>Tue, 09 Jun 2026 14:54:13 --500</lastBuildDate>
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			<title>Patrick McKay says:</title>
			<link>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-1161</link>
			<description><![CDATA[Ben - Yes I think that is probably fair use and you would probably be fine submitting it to film festivals, depending on their rules. Jacco - If you were using photos taken at the time of the Titanic, they should all be in the public domain now. If you were using clips from documentaries about the Titanic or something, that could easily be fair use, depending on the context. Shanya - You can use short clips of music and videos about the bands in the process of talking about them, giving new updates, etc., even commercially. As long as you are providing original commentary and only use small amounts of copyrighted material, that should be fair use. Nadya - If that clip is relevant for illustration purposes, I think it would probably be fair use to use it in that context. No credit is legally required, but it would be good to do as a courtesy.]]></description>
			<dc:creator>Patrick McKay</dc:creator>
			<pubDate>Sat, 29 Mar 2014 18:34:09 --500</pubDate>
			<guid>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-1161</guid>
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			<title>nadya says:</title>
			<link>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-1146</link>
			<description><![CDATA[If I wished to use a 10-30 second clip of a youtube tutorial type video someone has posted of the Disney Aladin video game as an insert for a short film (non-commercial purposes)would that be fair use? The film would have nothing to do with the game but a commentary on migrant workers going to gulf countries, etc. If I were to use the footage would I have to run a text over it to say that it's a Disney copyrighted game or can I just say that in end credits? Thanks much]]></description>
			<dc:creator>nadya</dc:creator>
			<pubDate>Thu, 27 Mar 2014 14:49:14 --500</pubDate>
			<guid>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-1146</guid>
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			<title>Shayna says:</title>
			<link>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-1133</link>
			<description><![CDATA[I was hoping to use YouTube videos of bands and artists in various genres (none of them current chart hits)in blog posts aimed at selling their music as an Amazon affiliate. I had planned to add information about them, news about upcoming performances, etc and anything else that might make money for some of my favorite bands as well as earning me commissions from Amazon and possibly Google AdSense. Although the wording of YouTube Terms Of Service Community Guidelines 5(e)(iii) seems to permit this, it looks as though general copyright rules do not. As my use of their YouTube videos would be intended to promote, not undermine, sales of the work of all the bands and artists involved, is there any possibility that this might be considered fair use, please? Thanks :-)]]></description>
			<dc:creator>Shayna</dc:creator>
			<pubDate>Tue, 25 Mar 2014 14:02:58 --500</pubDate>
			<guid>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-1133</guid>
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			<title>Jacco says:</title>
			<link>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-1118</link>
			<description><![CDATA[Hello, I made a video about the construction and outfitting of the Titanic, with photo's of that, all gathered from the internet. But now it seems I cant monetize that, because I get a message saying "Your video is not currently eligible for monetization because it matched third party content. The monetization settings you selected are currently inactive." So now I am stumped as what to do? Hopefully someone can help out :) Regards, Jacco]]></description>
			<dc:creator>Jacco</dc:creator>
			<pubDate>Fri, 21 Mar 2014 16:19:45 --500</pubDate>
			<guid>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-1118</guid>
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		<item>
			<title>Ben James says:</title>
			<link>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-1109</link>
			<description><![CDATA[Also can I submit the short to festivals?]]></description>
			<dc:creator>Ben James</dc:creator>
			<pubDate>Wed, 19 Mar 2014 07:30:48 --500</pubDate>
			<guid>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-1109</guid>
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		<item>
			<title>Ben James says:</title>
			<link>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-1108</link>
			<description><![CDATA[Great article. I'm still unsure how my situation falls though. I'm shooting a short film and there is a scene where my character falls asleep in a motel with the tv on. The audio from court tv then Die a Hard is heard as background noise. I also have some video that is close in on the center of the screen during die hard that cuts the scene up to advance to the middle of the night. In whole you see about 10 seconds of 25% of the screen but hear audio throughout the 1:45 clip. The scene from diehard reflects the situation of the character to some degree.]]></description>
			<dc:creator>Ben James</dc:creator>
			<pubDate>Wed, 19 Mar 2014 07:28:25 --500</pubDate>
			<guid>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-1108</guid>
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			<title>Patrick McKay says:</title>
			<link>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-983</link>
			<description><![CDATA[If you were physically present at the match and recorded it yourself with your own camera, you would be the copyright owner (assuming there's not some hidden term of service when you buy tickets transferring copyright ownership of any video you take at the match to the tennis team or something). So you don't even need to claim fair use, because you own the copyright.]]></description>
			<dc:creator>Patrick McKay</dc:creator>
			<pubDate>Sat, 01 Mar 2014 17:08:46 --500</pubDate>
			<guid>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-983</guid>
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			<title>John says:</title>
			<link>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-982</link>
			<description><![CDATA[Hi patrick it is me again i just wanted to know if posting my recording of a tennis match would be fair use. I recorded everything myself and the footage is from the cortes that do not appear on tv like the ones you dont see.]]></description>
			<dc:creator>John</dc:creator>
			<pubDate>Sat, 01 Mar 2014 17:06:01 --500</pubDate>
			<guid>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-982</guid>
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		<item>
			<title>Patrick McKay says:</title>
			<link>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-963</link>
			<description><![CDATA[Unfortunately, live concert recordings are explicitly declared to be copyright infringing in the copyright statute, so even if they might otherwise be fair use, they are not actually eligible for fair use. Here is the relevant statute: http://www.law.cornell.edu/uscode/text/17/1101 So as far as posting live concert recordings, you are completely at the mercy of the copyright holder whether they choose to allow it. The same thing goes for Craig's Shreds videos, which look like live performances to me. Julio - If you are providing original commentary and only using short clips of the songs, that would likely be fair use, even if monetized.]]></description>
			<dc:creator>Patrick McKay</dc:creator>
			<pubDate>Wed, 26 Feb 2014 00:29:51 --500</pubDate>
			<guid>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-963</guid>
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		<item>
			<title>Matthew says:</title>
			<link>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-962</link>
			<description><![CDATA[I have been trying to find some information on uploading videos of concerts to Youtube. I have uploaded many videos I recorded at live rock concerts. I believe it is fair use to some extent, although I may be wrong. I get content matches sometimes. I usually dispute them under fair use. Some claims are released while others are not. Recently Sony ordered youtube to take down two of my videos for infringement. I am afraid to dispute now. Is it better to acknowledge the match? I did it for one video awhile back and the claim went away several months later.]]></description>
			<dc:creator>Matthew</dc:creator>
			<pubDate>Tue, 25 Feb 2014 23:46:07 --500</pubDate>
			<guid>http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use#comment-962</guid>
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