Downloading videos

Discussion in 'Legal Issues' started by NovaW2, Apr 13, 2015.

  1. #1
    Hi, I'm new. I realize there is a thread like this here already, but it didn't answer my question and I don't wanna revive a thread from 2009 since most forums don't permit that.

    Anyway, I want to download videos from YouTube to show in a video.
    For example, have a trailer or footage from a video playing while I speak.

    Of course I'd credit the videos original creator, though I wasn't sure if it was illegal to download in the first place.

    Thanks!
     
    NovaW2, Apr 13, 2015 IP
  2. billzo

    billzo Well-Known Member

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    #2
    You still must have their permission to use their content. I have not seen anything about Youtube requiring people to surrender copyrights. So if they still own the copyright to whatever they put on Youtube, you still must have permission to use it in your own work.
     
    billzo, Apr 13, 2015 IP
  3. NovaW2

    NovaW2 Member

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    #3
    Okay, thanks! Do you know how/where I can get the permission?
    Also, I'm quoting from YouTubes Policies here but:

    In the United States, fair use is determined by a judge, who analyzes how each of the four factors of fair use applies to a specific case.

    1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
    Courts typically focus on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original. Commercial uses are less likely to be considered fair, though it’s possible to monetize a video and still take advantage of the fair use defense.

    2. The nature of the copyrighted work
    Using material from primarily factual works is more likely to be fair than using purely fictional works.

    3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
    Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the “heart” of the work.

    4. The effect of the use upon the potential market for, or value of, the copyrighted work
    Uses that harm the copyright owner’s ability to profit from his or her original work are less likely to be fair uses. Courts have sometimes made an exception under this factor in cases involving parodies.


    ( https://www.youtube.com/yt/copyright/fair-use.html#yt-copyright-four-factors )

    It seems like if I show like a small clip from a trailer, it'd be okay. Though I just wanna make sure which is why I'm here :D
     
    NovaW2, Apr 13, 2015 IP