Can You Use Old Films/New Films Clips in YouTube videos without audio?
August 12, 2023 9:41 AM Subscribe
I started a YouTube Podcast Channel, and I was wondering, am I allowed to use old films or contemporary films without audio for a Podcast episode without audio? Or do I need permission for copyright reasons? And if so, how many seconds can you use a film clip for?
I assume what you mean is a video podcast, if you're using video clips? As for your question, it's a bit of a rabbit hole but it depends on what you're using the clips for. For example, if you're making commentary about the specific scene in "Jaws" where the shark is dragging the buoys, then it could be considered fair use to show the scene to help illustrate your point. But using film clips just as b-roll, ie just as random imagery while you're talking? Not really. But the question is, will the film company make a complaint about it if you do use it? The chances might be low enough to risk it. Then again, too many strikes on your videos will get them pulled off YT and possibly inhibit your ability to publish more. Also, the thing about being able to use media for a certain amount of seconds is a myth. If I were you, I would explore more about fair use laws as it pertains to the specific way you want to use the clips. Chances are good that technically it's not legal, but with so many people doing it these days, you may successfully fly under the radar.
posted by Molasses808 at 10:21 AM on August 12, 2023 [1 favorite]
posted by Molasses808 at 10:21 AM on August 12, 2023 [1 favorite]
Fair use guide on Google/YouTube. In theory, what you describe could fall into Fair Use (assuming you are adding commentary and criticism), but it is a very complicated area and you might face trouble even if you believe you meet all the guidelines, unfortunately.
I've also seen some channels just use stills from the movie (every 10-20 seconds or something) which goes to help the third factor in the link (amount/portion used).
Movies from the U.S. made/published before 1928 would be public domain, so go nuts with those.
posted by starman at 11:13 AM on August 12, 2023 [2 favorites]
I've also seen some channels just use stills from the movie (every 10-20 seconds or something) which goes to help the third factor in the link (amount/portion used).
Movies from the U.S. made/published before 1928 would be public domain, so go nuts with those.
posted by starman at 11:13 AM on August 12, 2023 [2 favorites]
Fair use is the legal framework here, and it's very fuzzy and really depends on what a judge says in the event you find yourself in court.
You're far more likely to run into YouTube copyright strikes though. These are often automated and do NOT require the film company to see your video and make a complaint. They don't follow any kind of well-documented rules. They can demonetize your video or potentially suspend your account.
Lots of videos get away with clips but you should be aware of the risk.
posted by mmoncur at 4:05 PM on August 12, 2023 [3 favorites]
You're far more likely to run into YouTube copyright strikes though. These are often automated and do NOT require the film company to see your video and make a complaint. They don't follow any kind of well-documented rules. They can demonetize your video or potentially suspend your account.
Lots of videos get away with clips but you should be aware of the risk.
posted by mmoncur at 4:05 PM on August 12, 2023 [3 favorites]
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posted by bowbeacon at 9:57 AM on August 12, 2023