On YouTube, content creators face the same risks when producing videos. YouTube has it's own copyright system which allows people with accounts to send in claims to YouTube in regards to the content that someone has made, whether it be 1 video or 100 videos, networks and users alike can choose to send in a claim on someone's video if they feel that it is copyright infringement. The type of infringement that I feel strongly about is the "Fair Use" clause in regards to YouTube's guidelines for striking videos.
In my opinion, where there's great opportunity to improve, there's also great opportunity to lose. There have been many cases of people getting unfair Fair Use claims and strikes placed on their YouTube videos due to people falsely claiming their videos on purpose and abusing the system, and even by misunderstanding the Fair Use clause. There are even some cases where the video's monitisation ( the money that the YouTube content creator receives from the amount of views per video usually) is switched from going to the original content creator's pocket to the false claimer's pocket. Because of this, many people who make their living from making YouTube videos are at risk of losing their paycheck from their hard work. Imagine how horrible it would feel to have worked on a painting for about 5 or 7 days, and to bring it to an auction house for it to be sold, only to have someone else put their name on the back of your canvas and make hundreds or even thousands of dollars off of it. Despairing, right?
But what exactly makes a video fall under "Fair Use"? If you're using someone's video in your own, it becomes "Fair Use" if you've: altered the video, used only the necessary clips/audio to emphasize your point in your video, and many other smaller subject areas.
Down below are some videos about a YouTube content creator named Pyrocynical. He's a Youtube content creator with around 1.4 million subscribers. He makes commentary and reaction videos. A few months back, he created a reaction video to a prank that a smaller YouTube content creator nicknamed Riceman with around 200,000 subscribers created. In this prank, Riceman pranked his mother by making her think that he committed suicide by hanging himself. In Pyrocynical's video, he reacted to this video and gave some feedback and criticism on the prank that he played, seeing it as cruel and tasteless. Riceman put in a claim to demonitise Pyrocynical's video even though it fell under the Fair Use clause. Because of this, all the earnings that the video was making was being transferred over to Riceman instead of Pyrocynical. Down below are the videos that tell the story of what happened to Pyrocynical.
Overall, I've seen the Fair Use clause on YouTube hurt more people than it's helped, and I personally think that Fair Use is in the eye of the beholder. Even with strict YouTube policing, there's always going to be someone getting the "short end of the stick" due to the broken legalities and copyright and Fair Use system that YouTube has. It's just a matter of time before it happens to someone like me or you.
Here's a link to YouTube's on guide to Fair Use.
YouTube's own guide to Fair Use
To the left: The original video that Pyrocynical made in reaction to Riceman's prank video.
To the right: The 1st video that Pyrocynical has released about his demonitised video.
To the right: The 2nd video that Pyrocynical has released about his demonitised video.
BONUS:
A series of videos on a similar Fair Use case that happened to reaction and skit-makers, h3h3 on a reaction video they did on another YouTube content creator, Matt Hosseinzadeh AKA "The Bold Guy". This case, however, ended in a lawsuit that potentially cost h3h3 up to 100,000 dollars. Luckily, they were able to pool together donations from a fundraising campaign started by another YouTube content creator, Philip DeFranco.
To the right: The video from h3h3 productions that entails the situation of their lawsuit from Matt Hosseinzadeh (The Bold Guy).
To the right: A re-upload of the video that h3h3 posted that resulted in copyright issues with Matt Hosseinzadeh (The Bold Guy).
Links to:
YouTube's guide to Fair Use
Video of Pyrocynical's reaction to Riceman's prank
Pyrocynical's 1st video on his demonitisation situation
Pyrocynical's 2nd video on his demonitisation situation
Video explaining h3h3's lawsuit
The re-upload of the video made by h3h3 that was copyright striked.
A very thoughtful post concerning the idea of Fair Use. Thank you for including links and examples. Do you have any example of Fair Use helping an artist?
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