Youtube wants me to partner...I'm worried about copyright though...

The NFL prohibits huge news agencies from using their clips if there is advertising involved. The chances of them saying yes is about zero. You're in a catch 22 - if you ask them without the URL, they are going to ask for it. In the highly probable event they say no, then they can use that in a lawsuit against you (they told you no, yet you continued).

If you give them the URL, then they are really forced to act upon it and it isn't going to be pretty.

Other than trying to fly under the radar and hope you don't get caught, I don't think you have many options. Fair use isn't going to apply when there is monetization involved - and to be honest, if someone doesn't want you to use something, they are going to file suit and force you to spend vast sums of money trying to prove Fair use rights.

 

So I was finally able to track down the email for the right person, formulated a nice long email to them detailing everything, and this is the response I get...

Umm...ok, which is odd considering there is NFL footage all over the place on the web. So how the heck do they get permission for it? Like NFL Fanhouse? All that really is is one giant blog...

 

With multiple commercial interests here - NFL, the franchise teams themselves, the players themselves, NBC, CBS, ABC, ESPN not to mention any and all sponsorships at all levels and the list goes on... I doubt you'll go far with a "fair use" claim.

 

Well, they cannot catch every video. They would have to pay someone to watch for that kind of stuff which would cost them money. As soon as you start making money using their clips, they'll be after you like bees on honey.

 

Yahoo, ESPN, and Fanhouse aren't exactly hard to find, and they make gajillions of dollars using their clips. ESPN I can understand, since they actually broadcast some of the games, but the others...

I mean, I don't believe fanhouse has any actual affiliation with the NFL or any major network, they're just a blog. A giant blog, but a blog nonetheless. They have 14 images and 2 videos using NFL media on their front page, right alongside dozens of advertisements and I'm sure the NFL is well aware of their existence...

 

Fanhouse is owned by AOL. AOL has a licensing agreement with the NFL - and so does ESPN as well as a few other major media outlets. If you willing to pay millions to do a deal, I'm sure the NFL would listen. These comapnies pay millions so that every tom, dick and harry isn't allowed to show their clips. The smaller you are, the less apt they are to find you - but you will always be at risk.

 

I know from past experience that the NFL doesn't like you messing around with anything that they own..clips, excerpts, rebroadcasts, super bowl parties with cover charge, logos, players, teams, personalities...nothing.

I am surprised that you made it this far. The NFL don't play.

 

They do pay people to watch that stuff, they are called in house attorneys and researchers.
They have a bunch of people that do nothing but look for copyright infringement, and any law student would cut your ear off, just to get an internship to do it for free.
Apparently you don't know the size of the organization that you are talking about.

 

Obviously they did not catch him since he still has his clips on YouTube which receive plenty of views for Google to consider them advertising material. I think those lawyers that work for free (remember, no lawyer works for free) fell asleep at work.

 

I'd stop worrying about what deals are in place for other people, and either get one for yourself, or move on.
Walking into to court and saying "How come they can do it?" will just make you not only look like an idiot, but suffer an embarrassing loss.
The bottom line is you don't know what deals are in place, or what relationships exist, so for you to just decide to do it, because someone else does, would be really foolish.

The NFL is one of the most protective companies over their property, so much so that they actually sent agents to Las Vegas to stop Super Bowl parties with paid admission. Both large casinos and local bars.

You are messing with a giant and they will prosecute you, they have proven that they don;t care who it is, or how large or small they are. Lawyers are on staff, which means they get paid by the NFL to be on call to sue people like you.