Author Topic: Question about posting TPIR video clips on youtube  (Read 1372 times)

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Offline PayingTheRent

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Re: Question about posting TPIR video clips on youtube
« Reply #15 on: April 11, 2017, 04:00:40 PM »
My interpretation of 'fair use' is rooted primarily in what I've learned in my Mass Media Law class this semester, so my input should be taken with a grain of salt -- just a full disclaimer here.

Uploading the clips without any sort of creative input from yourself  (i.e. appearing on camera introducing the clips and commentating on them, etc) would probably not fall under fair use criteria. If you were to provide commentary, appear on camera, etc., then you might have a case for claiming fair use.

Unless you are a big YouTuber who regularly claims earnings from Adsense, then I wouldn't worry about Fremantle claiming the clips if you just want to straight upload them. What I said a few posts above wasn't meant to discourage uploading Price clips to YouTube. I've done it. Many others here have done it. Heck, we even have an entire section of the site dedicated to clips and episodes that have been posted to YouTube! :P

I won't say there is 0% chance anything will happen to you, but I will say there is a <99.99% chance nothing will happen to you based on precedent. Fremantle will detect your video, claim it to gather what minuscule amount of Adsense revenue there is to make off it, and that will be the extent of their involvement. At the very worst, you might get a copyright strike from YouTube, but given Fremantle's generosity (or really, just their desire to profit off the clips we upload), that seems highly unlikely. The chances of any further action on Fremantle's part beyond that are even more minuscule.

In other words, you're good. :)
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Offline CBSpromoman

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Re: Question about posting TPIR video clips on youtube
« Reply #16 on: April 12, 2017, 12:08:06 AM »
The video in question is a clip of ME appearing on TPIR, not the entire episode. Would that be considered "fair use"?

Technically, no. Your appearance on the show came with you signing a release form to give them the right to broadcast your likeness. That did not give you the right to post their copyrighted material.

As has been said before, it seems to be unlikely that they'll flag you for it, either way.

The key thing to remember about the doctrine of "fair use," as it applies to the use of small portions of a copyrighted work, is that "fair use" is a LEGAL DEFENSE after a claim has been filed, not PERMISSION before the fact to use (or, in this case, to post) the material.
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Offline Axl

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Re: Question about posting TPIR video clips on youtube
« Reply #17 on: April 14, 2017, 04:03:48 PM »
The "fair use" law seems very confusing and gray....  The video in question is a clip of ME appearing on TPIR, not the entire episode. Would that be considered "fair use"?

To be honest, no one can answer that definitively except a judge.  Fair use is one of the murkiest legal concepts around, and even lawyers who specialize in media law can't really give you a certain answer.

That said, fair use is supposed to involve "criticism, comment, news reporting, or teaching," and is generally expected to be "transformative." That is, you're not just republishing something somebody else did... you're adding something to it.  So what you're talking about doesn't sound like fair use to me.  But the practical question is whether Fremantle cares.  They're not going to sue you.  The worst thing that happens is they complain to YouTube and it gets taken down.