Welcome to the world of YouTube, a platform where creativity knows no bounds! But with this endless potential comes the responsibility of navigating legal and platform-specific rules.
One question many new content creators ask is: can I upload public domain videos to YouTube? Or services like Kartoffel Films
This blog post aims to demystify this question and take you through everything you need to know about copyright, public domain, YouTube’s upload rules, and how these factors intertwine.
Understanding Copyright Laws
In simple terms, copyright law protects original works of authorship, including videos. When a video is copyrighted, the owner has the exclusive right to use, reproduce, or distribute the work.
Infringement occurs when someone uses, reproduces, or distributes copyrighted work without the owner’s permission.
Violating copyright laws on YouTube can lead to consequences, such as video takedowns or even channel suspensions. In extreme cases, you could even face legal action from the copyright owner.
What is Public Domain?
The public domain comprises works that are not protected by intellectual property laws, either because the copyright has expired, the work was not eligible for protection, or the copyright owner has explicitly relinquished their rights.
These works can be freely used, reproduced, and distributed by anyone.
Using public domain content is an excellent way to access and share creative material without fearing copyright infringement. However, it’s crucial to verify a work’s copyright status before using it.
The Intersection of Public Domain and Copyright
How do copyright laws apply to public domain videos? In essence, they don’t. But the tricky part is determining whether a video is truly in the public domain.
Works can be mistakenly labelled as public domain, or they may contain elements that are still under copyright.
Therefore, it’s important to do thorough research and, when possible, consult with a legal expert.
How to Find Public Domain Videos
Numerous resources offer public domain videos, such as the Prelinger Archives or the U.S. National Archives.
However, before using a video from these or other sources, verify its copyright status.
Check for any indications of copyright, research the creator, and consider the date and country of publication, as copyright laws and durations can vary.
Projected Public Domain Additions (Based on U.S. Copyright Law)
Year
Description
2019
Works published in 1923
2020
Works published in 1924
2021
Works published in 1925
2022
Works published in 1926
2023
Works published in 1927
Please note that this is a simplified representation. In reality, determining whether a specific work is in the public domain can be complex and depends on factors like the date of the author’s death, whether copyright was properly renewed, and the laws in different countries.
Internet Archive Statistics (As of September 2021)
Content Type
Items (Approximate)
Texts
20 Million+
Video
4 Million+
Audio
3 Million+
Images
3 Million+
The Internet Archive, which includes resources like the Prelinger Archives, is one of the biggest repositories of public domain and Creative Commons-licensed content. This gives you an idea of the sheer volume of such content available, although not all of it may be suitable or legal to upload on YouTube.
Can I Upload Public Domain Videos to YouTube?
Yes, you can upload public domain videos to YouTube, but there are some considerations.
YouTube wants creators to add their own unique spin to the content they upload, rather than simply reposting existing material.
How to Upload Videos on YouTube
Sign in to your YouTube account.
Click on the video camera icon at the top and select ‘Upload Video.’
Select the public domain video file you wish to upload.
Fill out the necessary information, like title, description, and tags. Make sure to accurately describe your video and use relevant tags to make it easier for others to find.
Click ‘Publish’ to complete the upload.
Remember, the description, tags, and metadata play a crucial role in search visibility, so take your time to fill these out accurately.
Monetization of Public Domain Videos on YouTube
While you can monetize public domain videos on YouTube, the platform’s policies require that you add significant original commentary or educational value to the content.
Simply re-uploading a public domain video may not be eligible for monetization.
Understanding YouTube Analytics
YouTube Analytics is a powerful tool that can provide insights into your video’s performance. Key metrics to track include:
Watch Time: This shows how long viewers watch your videos. The longer the watch time, the more likely YouTube is to recommend your content to others.
Audience Retention: This metric shows how well your video keeps viewers engaged. Higher retention rates indicate that viewers are watching most or all of your video.
Use these metrics to understand what’s working and what’s not, and adjust your content strategy accordingly.
Potential Challenges and How to Overcome Them
One challenge when using public domain content is ensuring the material is genuinely free from copyright. To mitigate this risk, do thorough research and consider seeking legal advice.
Additionally, some viewers may not be interested in watching public domain content that’s widely available elsewhere. To attract viewers, consider how you can add unique value or provide a fresh perspective on the content.
Conclusion
Uploading public domain videos to YouTube can be a unique way to share valuable content, but it’s essential to understand the nuances of copyright laws, YouTube’s policies, and best practices for adding unique value to these works.
With thorough research and a touch of creativity, you can leverage public domain content to create engaging, legal, and potentially profitable content on YouTube.
Resources
For further reading and exploration, here are some useful resources:
Using copyrighted material on YouTube has always been a contentious area. Whether it’s big faceless corporations stifling small creators who are clearly within the realm of fair use, or YouTubers blatantly stealing other YouTubers content, there are plenty of examples of things turning sour.
The question of whether you can use copyrighted music in your videos is a common one for inexperienced YouTubers, and, generally speaking, the answer is no. But what about if you aren’t monetising those videos? In this video, we’re going to address that very question.
The Blunt Reality
There is some nuance to be discussed with this type of situation—and we will get to that nuance—but it should be noted first that there is an absolute to deal here.
From a purely legal and technical point of view, there is no situation where you can use copyrighted music in your videos without permission, with the complicated exception of fair use. Copyright protection is not limited to situations where the copyright infringer is making money from their use of the copyrighted media.
Loosely put, any time someone infringes on copyrighted music, there is potential for someone who might have bought a song or listened to it on a streaming service who will no longer do so because they heard it on your YouTube video. So, while you, the copyright infringer, might not be making any money from your use of the media, you could theoretically still be costing the copyright holder’s money.
So, the golden rule here is that any time you want to use copyrighted music, assume you need permission from the copyright holder. No exceptions. If you’d like a bit more information on fair use, here’s a handy video;
The Nuance
Okay, so that was the blunt reality of using copyrighted music. Now for the more nuanced YouTube reality.
Firstly, you are extremely unlikely to face any legal repercussions for copyright infringement on YouTube. That being said, there is nothing to stop a copyright holder from pursuing in the courts for damages. If you infringe copyright, you are taking this risk.
In practice, copyright holders are content to let YouTube’s built-in copyright protection methods do the heavy lifting. So, while you might not get sued by Warner Bros. for using music they hold the copyright for, you will still face repercussions from YouTube.
Strikes and Suspensions
In the olden days of YouTube, a successful copyright claim against your videos would see you get a copyright strike, with three strikes leading to a suspension/banning. The strikes system is still in place, but it is less relevant than it used to be, as we’ll talk about in a moment.
Banning is the most severe repercussion YouTube will bring down upon you. If you are a successful YouTuber who is perhaps making quite a bit of money on the platform, this is a pretty severe repercussion. If you are a small YouTuber—perhaps one who hasn’t even met the threshold for the YouTube Partner Programme—then the prospect of being banned might not seem so severe, but just bear in mind that the ban would be permanent, and YouTube would enforce it on any future accounts they identify as being you.
Content ID and Copyright Claims
The reason the strikes system is less relevant these days is that YouTube have implemented a system whereby copyright holders can “claim” copyrighted content, as well the Content ID system for automatically detecting claimed content.
In cases where copyrighted music is detected—and not successfully counter-claimed—the copyright holder has a few options.
Mute the audio of your video
Block your video
Monetize your video
Track your video
The first two are pretty self-explanatory. Monetising your video is exactly what it sounds like, with the twist being that the money generated goes to the copyright holder, not you. Whether or not you have opted to monetize that video—or whether you are even eligible to monetize it—is not a factor here. The final option allows the copyright holder to track the viewing statistics of your video, giving them all the data about how many people have watched, where they are from, and everything else you can see about your viewing demographics.
If your content gets such a copyright claim—and it is legitimate—you have a few options. You can swap out the music, dispute the claim, or go with the flow and accept the copyright holder’s chosen action.
In this sense, you could use copyrighted music in your videos if you are not concerned about receiving revenue from them. However, it is worth noting that there is no way of knowing what the copyright holder’s preferred action is, other than finding out who the copyright holder is and looking it up.
For music that is flagged in the Content ID system, you can test the situation by uploading a private video with the music you intend to use. It doesn’t need to be a real video, just a blank screen with the music playing will do. You will be notified as soon as the video has finished processing, and your options will be presented to you.
Final Thoughts
Copyright issues on YouTube are far from straightforward. That is, unless you take the “you can’t use copyrighted music without permission, end of discussion” line of thinking, but, for the most part, you should be safe to experiment without fear of any serious consequences.
Content ID claims do not negatively affect your channel, and YouTube gives you the opportunity to resolve the copyright issues before the video ever goes public, reducing the possibility of real legal consequences significantly.
So, can you use copyrighted music on YouTube if you don’t monetize? The answer is yes… in some cases. It’s also the case that the “don’t monetize” part is non-optional, since you won’t be able to monetize your videos if they have copyrighted music in them.
But whether or not you tried to monetize the video is entirely irrelevant to whether you are allowed to use the copyrighted music.
Top 5 Tools To Get You Started on YouTube
Very quickly before you go here are 5 amazing tools I have used every day to grow my YouTube channel from 0 to 30K subscribers in the last 12 months that I could not live without.
1. VidIQ helps boost my views and get found in search
I almost exclusively switched to VidIQ from a rival in 2020.
Within 12 months I tripled the size of my channel and very quickly learnt the power of thumbnails, click through rate and proper search optimization. Best of all, they are FREE!
2. Adobe Creative Suite helps me craft amazing looking thumbnails and eye-catching videos
I have been making youtube videos on and off since 2013.
When I first started I threw things together in Window Movie Maker, cringed at how it looked but thought “that’s the best I can do so it’ll have to do”.
Big mistake!
I soon realized the move time you put into your editing and the more engaging your thumbnails are the more views you will get and the more people will trust you enough to subscribe.
That is why I took the plunge and invested in my editing and design process with Adobe Creative Suite. They offer a WIDE range of tools to help make amazing videos, simple to use tools for overlays, graphics, one click tools to fix your audio and the very powerful Photoshop graphics program to make eye-catching thumbnails.
Best of all you can get a free trial for 30 days on their website, a discount if you are a student and if you are a regular human being it starts from as little as £9 per month if you want to commit to a plan.
3. Rev.com helps people read my videos
You can’t always listen to a video.
Maybe you’re on a bus, a train or sat in a living room with a 5 year old singing baby shark on loop… for HOURS. Or, you are trying to make as little noise as possible while your new born is FINALLY sleeping.
This is where Rev can help you or your audience consume your content on the go, in silence or in a language not native to the video.
5. Shutterstock helps me add amazing video b-roll cutaways
I mainly make tutorials and talking head videos.
And in this modern world this can be a little boring if you don’t see something funky every once in a while.
I try with overlays, jump cuts and being funny but my secret weapon is b-roll overlay content.
I can talk about skydiving, food, money, kids, cats – ANYTHING I WANT – with a quick search on the Shutterstock website I can find a great looking clip to overlay on my videos, keeping them entertained and watching for longer.
Fair warning, dear reader; this is going to be one of those posts that doesn’t really give you a definitive answer. At least, not in all cases.
The issue of copyright is one that has been a thorn in the side of copyright holders, content creators, and user-generated content platforms since… well, since user-generated content platforms became a thing. Using content that you do not own the rights to is a dicey business, and one that can land you in trouble with YouTube. But at the same time, there are situations where it is perfectly acceptable. And, of course, there are messy grey areas in between.
In this post, we’re going to do our best to cover all the basics, so, if you’ve been wondering how much of a video can you use legally, keep reading!
The Video Matters
The main reason that there is no definitive answer to this question is that how much of a video you can legally use depends entirely on the video, as well as other factors around the video. Let’s start from the good and work our way to the bad.
Public Domain Videos
Public domain videos are the best-case scenario when it comes to video content you want to use. This is because public domain content is completely free for anyone to use for any purpose. You can clip it, remix it… you can even repost it in its entirety, though YouTube will prevent you from monetising that kind of thing.
Public domain means that the copyright has expired, and the work has passed into the public domain. This also means no one can copyright it, however, works that incorporate public domain content can be copyrighted if they have been sufficiently modified from the original content.
Creative Commons
If you can’t find public domain content that suits your needs, Creative Commons is the next best thing. You will need to pay attention to the specific licence, however, because there are several flavours of Creative Commons, and they all have different stipulations.
For example, a CC0 licence is, for intents and purposes, the same as public domain works. CC0 is a “no rights reserved” licence that can be used for anything and does not require attribution. There are also versions of the Creative Commons licence that require attribution, or that are free to use for personal work only, and so on.
Other Types of Free Licence
There are several other types of licence out there that will allow you to use content without worrying about the copyright, but you should always check the specifics of each licence. For example, the Against DRM Licence becomes void if DRM is placed on the work using the licenced content.
Copyrighted Content
And here we get to, unfortunately, the most common type of content you are likely to want to use in your videos. The reality, most of the content will be copyrighted, and, depending on the copyright holder, it may be an almost impossible prospect to get permission.
If the copyright holder is a large corporation—like Viacom, or Disney—you can pretty much kiss goodbye to any hope of legally using the content. It’s not impossible, but if you can even get a response from them, they’ll probably ask for an extortionate amount of money.
If the copyright holder is another YouTuber—especially a YouTuber of similar or smaller stature to yourself—then your chances of getting permission go up somewhat. Whether they say yes will still come down to their preferences and what you intend to do with the content, but you should at least be able to talk to them about it.
Fair Use
Fair Use is a complicated topic that deserves more than a small section in this blog post, so we won’t try to cover everything here. To sum it up, however, the concept of fair use says that you should be able to use copyrighted material for limited and transformative purposes without the permission of the copyright holder. Some examples of fair use include commentary videos, and parody.
Unfortunately, there is no rigidly defined concept of what constitutes fair use, and it is not a law as such, but a defence. That means that fair use would not come into play until after you have been sued, and are in court defending yourself. Needless to say, companies like Disney are not shy about breaking out the lawyers, and they probably have more money than you.
So, while the concept of fair use is appealing, the practical nature of it means you can still fall afoul of copyright holders, no matter how reasonable your interpretation of fair use is.
False Flags
Another problem to be aware of is copyright holders claiming content that they do not have the rights to claim. This can happen in situations where the content has similar audio to some copyrighted content, or where the copyrighted content features some public domain or Creative Commons licenced work. It is nearly always the result of YouTube’s Content ID system, which automatically checks for copyright infringement.
Unfortunately, there are no checks in place to verify that the “copyright holder” actually owners the copyright to the content they are claiming. In most cases, you should be able to counter-claim it and, as long as it was an honest error, the claim will be removed.
Final Thoughts
As a general rule, you should strive to avoid using content that you didn’t create as much as possible. Granted, there are situations where it’s just not possible, but there will always be additional baggage with content you don’t own, even if it’s just YouTube demonetising the video for re-using existing content.
If you do have to use content from elsewhere, be sure to check the copyright status of it, and pay attention to any licencing that might apply.
And, if you are relying on fair use, it’s best not to push the boundaries of the fair use description… unless that’s precisely what you’re going for, of course.
Top 5 Tools To Get You Started on YouTube
Very quickly before you go here are 5 amazing tools I have used every day to grow my YouTube channel from 0 to 30K subscribers in the last 12 months that I could not live without.
1. VidIQ helps boost my views and get found in search
I almost exclusively switched to VidIQ from a rival in 2020.
Within 12 months I tripled the size of my channel and very quickly learnt the power of thumbnails, click through rate and proper search optimization. Best of all, they are FREE!
2. Adobe Creative Suite helps me craft amazing looking thumbnails and eye-catching videos
When I first started I threw things together in Window Movie Maker, cringed at how it looked but thought “that’s the best I can do so it’ll have to do”.
Big mistake!
I soon realized the move time you put into your editing and the more engaging your thumbnails are the more views you will get and the more people will trust you enough to subscribe.
That is why I took the plunge and invested in my editing and design process with Adobe Creative Suite. They offer a WIDE range of tools to help make amazing videos, simple to use tools for overlays, graphics, one click tools to fix your audio and the very powerful Photoshop graphics program to make eye-catching thumbnails.
Best of all you can get a free trial for 30 days on their website, a discount if you are a student and if you are a regular human being it starts from as little as £9 per month if you want to commit to a plan.
3. Rev.com helps people read my videos
You can’t always listen to a video.
Maybe you’re on a bus, a train or sat in a living room with a 5 year old singing baby shark on loop… for HOURS. Or, you are trying to make as little noise as possible while your new born is FINALLY sleeping.
This is where Rev can help you or your audience consume your content on the go, in silence or in a language not native to the video.
A GREAT way to find an audience and keep them hooked no matter where they are watching your content.
4. PlaceIT can help you STAND OUT on YouTube
I SUCK at making anything flashy or arty.
I have every intention in the world to make something that looks cool but im about as artistic as a dropped ice-cream cone on the web windy day.
That is why I could not live on YouTube without someone like PlaceIT. They offer custom YouTube Banners, Avatars, YouTube Video Intros and YouTube End Screen Templates that are easy to edit with simple click, upload wizard to help you make amazing professional graphics in minutes.
5. StoryBlocks helps me add amazing video b-roll cutaways
I mainly make tutorials and talking head videos.
And in this modern world this can be a little boring if you don’t see something funky every once in a while.
I try with overlays, jump cuts and being funny but my secret weapon is b-roll overlay content.
I can talk about skydiving, food, money, kids, cats – ANYTHING I WANT – with a quick search on the StoryBlocks website I can find a great looking clip to overlay on my videos, keeping them entertained and watching for longer.
Questions of ownership, copyright, and legal use have plagued the Internet since the earliest days of its mainstream adoption.
From the infamous Napster days to people trying to copyright tweets, there have always been egregious examples of abuse from both the owners of digital media and the people using it, but despite the continued maturation of the Internet, there is still a lot of grey area in many places, and YouTube can sometimes be one such place.
The question we’re dealing with here—is screen recording illegal—is relatively straight forward to answer in theoretical terms, but, practically speaking, there is more grey area than you might think. But before we get into those grey areas, let’s state a couple of important, unequivocal truths.
You don’t have the right to use any copyrighted content without permission from the copyright holder
Nothing in this article should be considered legal advice
No matter what we have to say about the practicality of using potentially copyrighted content, it is a legal no no. That’s the unvarnished truth of the matter. We are going to lay out some information in this post that may lead you to believe the risk is so minimal you can ignore it, but that’s entirely your decision.
To start with, we’re going to answer the question in the simplest possible terms.
If a video is not licensed under creative commons or public domain, it is illegal to do anything with the video without the owner’s permission. Furthermore, screen recording is against YouTube’s terms of service.
Now, breaking YouTube terms of service is not illegal, but YouTube would certainly have grounds to kick you from the platform – if they wanted to, and you’d been caught doing it. They could even take you to court if they wanted to (though that would be very unlikely).
So, is screen recording YouTube illegal? Sometimes, but it is against YouTube terms of service all the time. Let’s dig a little deeper.
There are third party services and applications that can do this quickly, but beyond those, your only option is screen recording.
Screen recording is exactly what it sounds like; you are recording what is on the screen of your device (it could be your phone, laptop, computer, etc.), wart and all.
That means that if you move the mouse and the play/pause buttons pop up mid-video, that will be in your screen recorded version as well. It’s not perfect, but it’s a way of getting the video without YouTube noticing.
Getting Caught
It’s worth noting that any discussion over what is allowed and what is legal only become relevant to situations where one is caught doing the thing that may or may not be illegal.
Now, once again, we are not suggesting you break any laws or terms of service, and if you do so, you do so at your own risk. That being said, at the time of writing this post, there is no way for YouTube to know if you are screen recording.
This means that, while the act of screen recording may break YouTube’s terms of service, you would never be caught for doing that alone. It is what you do afterwards that gives you away. If you record someone’s video and then re-upload it, it’s a pretty dead giveaway that you’ve acquired that video against YouTube terms of service. For the most part, YouTube would not take any action without prompting since YouTube don’t know that you didn’t get permission, but if the original content creator reported you, you could lose your account.
Is it Legal to Screen Record YouTube if it’s For Personal Use?
This one is a common misconception on the Internet; if you are not distributing the video, reuploading it, or using it in public or commercial project, is it still illegal? Yes. Absolutely. Or, rather, the legality is unchanged by what you do afterwards.
There are two main factors that contribute to this misconception.
The first is the fact that, as we mentioned above, the chances of you getting caught if you don’t do anything publicly with the video are so slim as to be practically negligible.
The other thing that fuels this erroneous notion is the fact that you can watch YouTube for free, and if you can watch it for free, what difference does it make if you’re watching it on YouTube or on your own device?
On the first point, a slim chance of being caught is not the same as being legal or allowed. If you are stealing copyrighted material, you might get away with it, but it is still illegal.
If it helps, remember that there is no fundamental difference between a twelve-minute video made by a YouTuber and a blockbuster movie on Netflix when it comes to downloading that content against the platform’s terms of service.
On the second point, while it is true that you can watch YouTube content for without paying a fee to do so, it is not quite free. YouTube earns revenue from you being on their platform through ads and other means, and you watching the content away from YouTube deprives them of that revenue.
Of course, the fact that they have justification to enforce a no-download policy is a moot point—those are the terms they have established if you want to use their platform.
What are the consequences for screen recording YouTube Videos?
While we would like to reiterate once again that we do advocate breaking terms of service or laws, we thought we’d touch on some consequences you can look forward to if you do decide to screen record YouTube content.
Probably the two most significant factors here is the financial might of the copyright holder and the visibility of your subsequent actions with their copyrighted content.
If you screen record a public domain video, you are not breaking any laws, but you could still face a slap on the wrist from YouTube for breaking their terms of service. On the other hand, if you record the latest blockbuster movie and redistribute it with impunity, you could face serious legal repercussions, since movie studios have a lot of money and aren’t afraid to make an example of you as a deterrent to others.
What About Fair Use? Is it fair use to Screen Record YouTube videos?
Fair use is an idealistic concept that gets very messy in reality.
The first thing to note about fair use is that it is a case-by-case legal defence, not a right or protection. That means that no matter how clearly in the spirit of fair use you might be, if a person or company decided to take you to court, you would still have to go and defend yourself, with all the financial implications that brings.
However, in practice, online media platforms with user-generated content like YouTube are set up to make life easier for the copyright holder, meaning any dispute between you and a large corporation like a movie studio or music label would likely result in your content coming down regardless, leaving you to take them to court if you felt strongly enough about it (and had deep enough pockets).
Given the context of this post, however, it should be noted that fair use applies to how the content is put to use, not how you get the content. Screen recording is a method of acquiring said video, and is completely unrelated to whether you may or may not be using it fairly afterwards, as it against YouTube’s terms of service.
You could be using copyrighted materials in the fairest way possible, and it would still be against YouTube’s terms of service if you acquired the video by screen recording it.
Final Thoughts
It’s worth remembering that YouTube need to first have their attention be brought to you and second have reason to believe you are screen recording YouTube videos before they would go to the trouble of taking action against you on those grounds, and both things are unlikely if you are being sensible.
But, at the same time, should YouTube decide to take action against you, it could just be a strike, it could be a suspension or ban, it could even be a civil lawsuit. The fact that the latter is extremely unlikely doesn’t make it impossible, so know what you might be getting yourself into.
If you are using other YouTuber’s content as clips in a way that very reasonably comes under fair use, we would advise seeking permission from the creator first.
If you put a video up with content from other videos, YouTube can’t know that you didn’t get it directly from the original creator, but if that creator complains to YouTube that you are stealing their content, it’s a pretty clear sign that you’ve broken their terms of service about not downloading or recording YouTube videos.
Top 5 Tools To Get You Started on YouTube
Very quickly before you go here are 5 amazing tools I have used every day to grow my YouTube channel from 0 to 30K subscribers in the last 12 months that I could not live without.
1. VidIQ helps boost my views and get found in search
I almost exclusively switched to VidIQ from a rival in 2020.
Within 12 months I tripled the size of my channel and very quickly learnt the power of thumbnails, click through rate and proper search optimization. Best of all, they are FREE!
2. Adobe Creative Suite helps me craft amazing looking thumbnails and eye-catching videos
I have been making youtube videos on and off since 2013.
When I first started I threw things together in Window Movie Maker, cringed at how it looked but thought “that’s the best I can do so it’ll have to do”.
Big mistake!
I soon realized the move time you put into your editing and the more engaging your thumbnails are the more views you will get and the more people will trust you enough to subscribe.
That is why I took the plunge and invested in my editing and design process with Adobe Creative Suite. They offer a WIDE range of tools to help make amazing videos, simple to use tools for overlays, graphics, one click tools to fix your audio and the very powerful Photoshop graphics program to make eye-catching thumbnails.
Best of all you can get a free trial for 30 days on their website, a discount if you are a student and if you are a regular human being it starts from as little as £9 per month if you want to commit to a plan.
3. Rev.com helps people read my videos
You can’t always listen to a video.
Maybe you’re on a bus, a train or sat in a living room with a 5 year old singing baby shark on loop… for HOURS. Or, you are trying to make as little noise as possible while your new born is FINALLY sleeping.
This is where Rev can help you or your audience consume your content on the go, in silence or in a language not native to the video.
5. Shutterstock helps me add amazing video b-roll cutaways
I mainly make tutorials and talking head videos.
And in this modern world this can be a little boring if you don’t see something funky every once in a while.
I try with overlays, jump cuts and being funny but my secret weapon is b-roll overlay content.
I can talk about skydiving, food, money, kids, cats – ANYTHING I WANT – with a quick search on the Shutterstock website I can find a great looking clip to overlay on my videos, keeping them entertained and watching for longer.
Music is a powerful tool in video editing. It can add emphasis, emotional impact, and generally change the whole tone of a scene or clip. There is a wealth of free music available, of course.
YouTube itself has a significant library of free-to-use music that you can choose from. But there are times when royalty-free music won’t do.
Whether you’re reviewing songs or you just need a particular song for your content, you’ll no doubt be aware of the minefield that is copyrighted music. You may even be aware of fair use, but don’t worry if you’re not; we’re going to get into all of that soon.
Most YouTubers are aware that you can’t just grab copyrighted music (or any content, for that matter) and put it in your video. At least, not without inevitable consequences. At best you will lose your ability to monetize that video, at worst you will get a copyright strike against your channel, and enough of those will lose your channel entirely!
So, how much of a song can you use on YouTube without copyright coming to bite you in the backside? – The short answer is none! You will need a buy a license to use popular tracks or will need to enter into revenue shares with some artists if they are part of the YouTube Audio Library. If you want music in your videos it is best to use royalty free services or make your own music.
The answer more honest answer is, it complicated – so if you’re with us, we’re about to dive a little deeper.
What is “Fair Use”?
As we’re about to get into a subject matter that strays a little close to legal advice, we must stress that is emphatically not legal advice.
Always seek the advice of a qualified law professional before doing anything that might potentially land you in legal trouble. Now, with that out of the way, let’s get into what fair use is.
Fair use is the name given to the use of copyrighted material in some instances where the use is limited or transformative. You may be wondering what “transformative” means, and you wouldn’t be alone. Inordinate amounts of money have been spent trying to find a clear definition of what constitutes transformative but to no avail.
Established examples of a transformative use of copyrighted material include commentary and criticism, such as news programs showing clips of something accompanied by commentary about that thing. Another example is parody videos.
There is a common myth or misunderstanding that you are allowed to use a certain amount of copyrighted content—a few seconds, say—and you will be protected by fair use. Unfortunately, that is not the case. Fair use covers how copyrighted content is used, not the amount of it.
While it is highly unlikely, it is theoretically possible that the use of copyrighted material in its entirety could be protected by fair use. It would be tough to justify, of course, and the less of a piece of copyrighted material you use, the easier it is to claim that you are using it for transformative means, rather than just stealing it.
It is here that the myth of using only a few seconds comes from; most successful examples of fair use on YouTube are short clips, but the shortness is not what makes them a successful example of fair use. We’ll get more into what these successful examples look like shortly.
To avoid falling into dangerous waters I always use licensing companies like LickD – I pay a small fee per track and know I am covered from all the legal potholes. Go check LickD out, they have a wide selection of popular song and chart music on their website and you can even get one track free!
Fair Use is Not Protection
The main trap people fall into when dealing with fair use is in thinking that it is some kind of protection against copyright claims or lawsuits, but this is not the case.
Fair use is a defence, not a protection. There is no one-size-fits-all application of fair use that a company like YouTube could apply to your usage of copyrighted material. As such, fair use is decided on a case-by-case basis…
…in court.
Yes, unfortunately, the only way to prove you are using copyrighted content within the remit of fair use is by going to court and having them agree with you. And, unless you have a lot of spare cash and time on your hands, the only way that is likely to happen is if you get sued by a copyright holder. Not ideal.
An unfortunate side effect of this is that large copyright holders tend to bludgeon smaller entities with copyright take-downs, knowing full well that the average YouTuber will not have the means to challenge the claim on a legal footing. Combine this with increasingly automated copyright infringement detection employed by YouTube, and you have a scenario in which it is very difficult to use copyrighted content in any capacity.
There are even instances of YouTubers creating cover versions of popular songs using household objects—such as couch cushions and doors—getting copyright claims against them by the owner of the song they are covering.
How Much of a Song Can You Use on YouTube Without Copyright Issues?
Now that we’ve taken a deeper dive into how fair use works, we hope it makes more sense when we tell you that the answer to how much of a song you can use without copyright problems is, practically speaking, none.
The reason we say this is because the music industry is particularly aggressive when it comes to protecting its intellectual property. They are not interested in the fair use arguments and will go after any use of their music that they become aware of. Couple that with YouTube’s automated copyright infringement detection, and you have a situation where any attempt to use copyrighted music will likely get flagged.
If the infringement exists (that is, the copyright holder attributed does, in fact, own the copyright to the material in your video), then your only recourse would be to take that copyright holder to court.
It would be extremely unlikely to reach a point where the copyright holder would take you to court, however, as YouTube has plenty of mechanisms in place to protect their interests. From monetizing your video and sending them the proceeds, to removing your channel from the platform entirely.
YouTube will not allow you to infringe copyright continually, so it would take an extremely keen legal department at some music label to see you in taken to court before YouTube resolves the issue for them.
Examples of Fair Use
Copying works across a variety of different mediums, including broadcast, is permitted when the use is for examination or instruction, in an academic or industry setting, as long as it meets certain guidelines. Obviously, this is unlikely to apply to your average YouTuber.
An example more relevant to YouTube, however, is using copyrighted content for quotation, critique, or review. Of course, if you post an entire album with little to no commentary, you will struggle to make an argument for fair use. The amount of copyrighted content should be quite limited, and only just enough to get whatever point you are trying to make across.
Other criteria for this kind of fair use include the copyrighted material being publicly available and the source of the content being acknowledged
You can also use copyrighted material of reporting current news, though the situations in which copyrighted music would fit into this category are rare.
Parody, as we mentioned earlier, is also a form of fair use, but this is another area where the boundaries for what constitutes parody are far from clear. Any borderline case may need to be tested in court to receive any kind of definitive decision on the matter.
The final example of fair use involves text and data mining, which clearly doesn’t have any bearing on a discussion about using music in YouTube videos.
Can You Use Music in YouTube Videos at All?
There are certainly situations where you could use music—even copyrighted music—in your YouTube videos. If you were to obtain the permission of the copyright holder, for instance, you would be legally allowed to use that music as long as you stuck to whatever terms you agreed, of course.
As we mentioned earlier, there is also non-copyrighted music or music with an open license such as Creative Commons. YouTube provides an impressive library of such music for the very reason of helping YouTubers make their content without falling afoul of copyright strikes. Remember, they want you to succeed.
Finally, you could, of course, use your own music. If you make music and you have not given the rights to that music to anyone else, you are free to do with it as you please.
Should I Use Copyrighted Music in my YouTube Videos?
The only truly safe option when considering using music in your YouTube videos is to use royalty-free music that is licensed for commercial use.
The commercial aspect is important even if you do not monetize your videos, because you may decide to monetize them someday, and, in any case, some people may disagree with your idea of commercial. They may even be wrong, but you don’t want to have to go to court to prove that.
If you can get permission for the music you should be okay to use it in theory, however, it is worth noting that YouTube’s copyright infringement detection is something of a firehose when it comes to seeking out violations.
There are many examples in the past of YouTubers going to great lengths to obtain permission to use copyrighted material, only to have YouTube flag it as a violation.
In some case, copyright holders themselves have fallen afoul of this system. It has not been uncommon for YouTubers who are part of a content network upload a video of one of their own songs on a private channel and get flagged for copyright because their song was initially played on the content network’s channel.
It is far from a perfect system.
What Happens if I Get Caught Using Copyrighted Music?
The consequences vary depending on things like if you are a repeat offender, or how the copyright holder wants to handle the situation. If you are caught infringing copyright, and it is your first time, you will likely just receive a strike against your account. Enough of these strikes, however, and your account could be removed entirely.
In some cases, the copyright holder will opt to leave your video alone, but monetize it and claim the earnings. In those cases, you will not be able to monetize your video yourself, even if the offending music only makes up a small portion of your video. Unfortunately, this is a risk you will have to accept if you want to use copyrighted music.
As mentioned above, it is unlikely you would ever see a courtroom from infringing copyright on YouTube. But, as mentioned even further above, nothing in this post should be considered legal advice. The fact that it is unlikely that you will end up in court should not be seen as a guarantee that you will not end up in court.
Conclusions
The world of YouTube copyright is a bit of a minefield when it comes to knowing exactly what you can and can’t do.
The only way to be genuinely risk-free is only ever to use royalty-free music that is licensed for commercial use. Any time you use copyrighted material, even if it is as clear cut fair use as it gets, could see you receiving copyright strikes against your channel, or worse.
If you do have to use copyrighted music, however, remember the guidelines for what constitutes fair use. Only use the absolute minimum of copyrighted music required to get your point across. Make sure the focus of the video is not the content.
Even with some additional commentary, if the point of the video is very clearly just to listen to the music, it will not be considered fair use.
But, most importantly, remember that fair use is not a protection against legal action. If a copyright holder gets a bee in their bonnet about your use of their music and decides to get the lawyers out, you will not be able to hide behind fair use.
You will need to go to court and convince a judge that your use of the content was fair use. It may not be a likely scenario, but it is one you will have to consider if you insist on using copyrighted music in your videos.
Top 5 Tools To Get You Started on YouTube
Very quickly before you go here are 5 amazing tools I have used every day to grow my YouTube channel from 0 to 30K subscribers in the last 12 months that I could not live without.
1. VidIQ helps boost my views and get found in search
I almost exclusively switched to VidIQ from a rival in 2020.
Within 12 months I tripled the size of my channel and very quickly learnt the power of thumbnails, click through rate and proper search optimization. Best of all, they are FREE!
2. Adobe Creative Suite helps me craft amazing looking thumbnails and eye-catching videos
I have been making youtube videos on and off since 2013.
When I first started I threw things together in Window Movie Maker, cringed at how it looked but thought “that’s the best I can do so it’ll have to do”.
Big mistake!
I soon realized the move time you put into your editing and the more engaging your thumbnails are the more views you will get and the more people will trust you enough to subscribe.
That is why I took the plunge and invested in my editing and design process with Adobe Creative Suite. They offer a WIDE range of tools to help make amazing videos, simple to use tools for overlays, graphics, one click tools to fix your audio and the very powerful Photoshop graphics program to make eye-catching thumbnails.
Best of all you can get a free trial for 30 days on their website, a discount if you are a student and if you are a regular human being it starts from as little as £9 per month if you want to commit to a plan.
3. Rev.com helps people read my videos
You can’t always listen to a video.
Maybe you’re on a bus, a train or sat in a living room with a 5 year old singing baby shark on loop… for HOURS. Or, you are trying to make as little noise as possible while your new born is FINALLY sleeping.
This is where Rev can help you or your audience consume your content on the go, in silence or in a language not native to the video.
5. Shutterstock helps me add amazing video b-roll cutaways
I mainly make tutorials and talking head videos.
And in this modern world this can be a little boring if you don’t see something funky every once in a while.
I try with overlays, jump cuts and being funny but my secret weapon is b-roll overlay content.
I can talk about skydiving, food, money, kids, cats – ANYTHING I WANT – with a quick search on the Shutterstock website I can find a great looking clip to overlay on my videos, keeping them entertained and watching for longer.
“The video was taken down due to copyright infringement”. This is a phrase we have heard any number of times about a video that is no longer available on YouTube.
What does it usually mean? Why do videos get taken down? If I read a book on BookTube, will the video get taken down?
Wait, BookTube?
You read that right. BookTube is the unofficial name for YouTube channels that discuss everything bookish.
BookTubers upload videos about their favorite books, favorite authors, characters, reading habits, and anything related to books. Book clubs like Bookmarked have channels that discuss books monthly.
BookTube is now so popular that publishing houses have even taken notice of it and they use it when considering what marketing strategies they will use for their books.
Coming up with something creative takes up a lot of time, energy, and even money. Original work is often like a child to the creator and they naturally feel very protective of it as a lot of work has gone into producing it.
Often, creators don’t mind sharing their work for no pay, as long as they get credit for it. However, many people intend to make money or make a living out of their creations and therefore they protect it as one would protect a house or a car. It is their intellectual property.
This applies to films, songs, and written materials like books. This is where copyright comes in.
What Is Copyright?
Copyright is a collection of rights automatically owned by a person who originally creates an original work, for instance, a song, movie, book, or even software.
The rights include the right to distribute the work, make copies, reproduce it, derive other works from it, and make money from it. Copyright law exists to encourage creators to produce work by ensuring that their work is protected from theft and that they can make money from it.
It encourages creativity and makes available these creative works to the general public. For a piece of work to be protected by copyright, it has to be:
Creative: It must be innovative.
Original: It must belong to the person. It cannot have been copied from somewhere else.
Fixed: It must be affixed to some medium of expression. It should be available for viewership and should have the ability to be reproduced.
If you came here finding an answer to whether you can make videos from published books, you have come to the right place.
So, Can I Make YouTube Videos from Books?
Published books are copyrighted material, and so you are bound by the very grey areas of law. By the strict black and white wording, blindly reading a book on camera – no. But if you get permission from the owner to make an audio/video version of the work, then – yes!
So really the question should be: to what extent can I use this book in my channel without breaking the YouTube copyright regulations?
Remember that original work is important to the creator and you have to respect their intellectual property rights.
Still it is sometimes possible to use copyrighted material without infringing on the owners’ rights. Before we get into this, we should understand a few concepts about copyright.
These exceptions allow people to use copyrighted material without attracting the ire of copyright police. The fair use lines are, however, blurred, and sometimes it takes a judge to define whether a particular case is a fair use or a violation of copyrights.
To be on the safe side, if possible, get a lawyer to look at your content if you can. Note that the information given here does not constitute legal advice.
Some common guidelines usually given when considering whether something is fair use are:
What You Are Doing With the Content
If you are going to change the content substantially, you may fall into the fair use category. For example, parodies can get away with using copyrighted material, because they change the original content by ridiculing it.
Sometimes parodies even generate more views for the original content. Mashups of songs involve combining different songs in a creative way to make up a relatively new song, so they can also fall under fair use as they significantly change the original versions.
Criticisms or reviews of books or movies can also be fair use provided the critic uses very short clips of what they are reviewing.
The same goes for giving a video or book tutorial with commentaries. However, it all still boils down to creators. They can still complain to YouTube if they feel that their rights have been infringed on. If you aren’t so sure, ask a lawyer.
The Nature of the Content
Non-fictional or factual material is more frequently allowable under fair use than fictional, original material.
How much of the Original Material you are Using
You should use just enough of the material to make your point. Too much would be a violation.
Still, according to YouTube, sometimes even a small amount of the original work can be considered a violation if it constitutes the very core of the work.
For example, if you wrote a work of fiction based on a powerful evil ring that must be destroyed, you would be using the central theme of JRR Tolkien’s entire Lord of the Rings trilogy, even if your story is completely different.
Will it Substitute the Original?
If your work will lead to reduced sales or views of the original material it will definitely be considered as an infringement and will not be protected under fair use.
As mentioned earlier, fair use is complicated. Videos that have complied with fair use can still get reported for infringement and the uploader usually has to defend their work. They have to be really sure of their case.
Some myths about fair use exist and it is important not to get taken in by them in order to avoid an infringement claim.
It’s not Infringement if I Give Credit
Crediting the original creator does not protect you from copyright violation. This cannot be your only claim to your video’s eligibility.
Still, even if your work falls under fair use and is not an infringement, it’s always good to credit the original creator.
It’s Alright if I Use Less Than 30 Seconds of Copyrighted Material
There is no specific amount of duration of content used given for something to fall under fair use. As mentioned earlier, it just has to be reasonable.
It’s Not Fair use if I’m making money out of it
As long as your content falls under fair use, you can still make money out of it.
It’s Fair Use If It’s Only For Entertainment or For Non-Profit
This does not automatically give you fair use status. A court will look at each situation before deciding, always with the interests of the content owner in mind.
If your content reduces the creator’s target audience it won’t matter whether or not you intend to profit from it. Out it will go.
Adding My Original Material to Someone Else’s Copyrighted Work Makes It Fair Use
Adding some original material of your own to someone else’s work does not automatically make it fair use. This is because it still may not substantially change the original, and may in fact make it look worse, hence affecting the creator’s target market or reputation.
I can Decide Fair Use for Myself
Fair use has many grey areas, so it would be risky to push your boundaries as this may get you into trouble with YouTube.
In certain cases, however, when copyright owners demand for videos to be taken down, YouTube protects the content creator under fair use guidelines, for the purposes of encouraging creativity and educating on fair use. This video is an example of such a case.
So, Can I Use Books on my YouTube Channel?
When YouTube was formed, it was originally meant to be a content sharing platform. For years, users uploaded videos containing both original content and content owned by third parties.
Although this attracted a lot of backlash from creators, it took quite some time for YouTube to develop its copyright policy. In the meantime, many people became famous for videos that contained third party content.
One example is Alex Day, who would post videos of himself reading large chunks of Stephanie Meyer’s Twilight books and making funny and sometimes derisive comments about them.
A blatant copyright violation.
His videos eventually got taken down once the platform’s copyright policies came into effect. These policies changed how people uploaded content about books as they could no longer read out texts without violating the policy. Even if they credited the authors.
However, some channels have managed to maintain their success. KidTimeStoryTime and Brightly Stories are two such examples.
Their success is due to the fact that they have collaborated with the copyright owners when producing their content. Both channels do read-along of books on their videos but with consent and in collaboration with publishers or authors of the books they feature.
It then becomes a win-win situation.
The channel can make money from the content they use, and the copyright owners benefit through the marketing of their books.
What Happens If I’m Accused of Copyright Infringement?
One of two things can happen if you violate someone’s copyright. These are discussed in the lines to follow.
Content ID Claim
Companies that own copyrights like music and film production companies issue Content ID for all the material they produce. This enables them to quickly identify their content on YouTube. YouTube has a system that scans every video uploaded against an existing database submitted by copyright owners.
If a match is found, YouTube will automatically file a copyright claim for the original content owner. If it was a mistake on your part, you can appeal on those grounds to YouTube. Still, the final verdict will lie with the copyright holder.
If they insist and can prove you have infringed their copyright, you will have to take down the video, or have it taken down by YouTube.
Some content ID claims will only prevent material from being available in some parts of the YouTube community, or may allow it to remain on the platform but insist on directing any revenue earned by the video to the copyright owner rather than the uploader.
Sometimes the phrase “included copyrighted content” will be displayed with the video to track the video but not actually block it. It also does not negatively affect your YouTube status.
You’ll know of a claim against you in the copyright notice section of your channel’s video manager. In some cases, you get notified via email.
Take-down Notice
This happens when a copyright owner notifies YouTube of a copyright violation with legal consequences. If the complaint satisfies all legal requirements, YouTube takes down the video.
The video will display the phrase “Video taken down: copyright strike”. If you get three copyright strikes, you get a lifetime ban from YouTube. Yikes. Worse, even after that, you would not be able to recover your videos.
Once you get a copyright strike, YouTube requires you to take a short course and do a quiz on copyright regulations to refresh your memory. Something else to note is that a strike doesn’t last forever.
It usually lapses after six months, and once that happens your slate is clean. Still, you don’t want to have a reputation as a copyright violator. Lastly, you can still negotiate with the copyright owner to keep your video up with certain conditions, such as limiting viewership in certain regions.
Conclusion
Always keep in mind that the YouTube algorithm is very good at finding copyright violations, including something as simple as background music.
Although you can licence music much easier with companies like LickD who have a wide library of tracks to use – check out their site.
So even if the original owner doesn’t notice it, YouTube definitely will.
To have good standing in the YouTube community, make sure you avoid getting caught on the wrong side of this law. It’s usually fairly easy to get permission from a content owner to use their content if you ask nicely and can prove that your use of their content will not in any way hinder the distribution of their work.
So go ahead and make those books, but be careful, and remember, when in doubt, ask a lawyer.
Top 5 Tools To Get You Started on YouTube
Very quickly before you go here are 5 amazing tools I have used every day to grow my YouTube channel from 0 to 30K subscribers in the last 12 months that I could not live without.
1. VidIQ helps boost my views and get found in search
I almost exclusively switched to VidIQ from a rival in 2020.
Within 12 months I tripled the size of my channel and very quickly learnt the power of thumbnails, click through rate and proper search optimization. Best of all, they are FREE!
2. Adobe Creative Suite helps me craft amazing looking thumbnails and eye-catching videos
I have been making youtube videos on and off since 2013.
When I first started I threw things together in Window Movie Maker, cringed at how it looked but thought “that’s the best I can do so it’ll have to do”.
Big mistake!
I soon realized the move time you put into your editing and the more engaging your thumbnails are the more views you will get and the more people will trust you enough to subscribe.
That is why I took the plunge and invested in my editing and design process with Adobe Creative Suite. They offer a WIDE range of tools to help make amazing videos, simple to use tools for overlays, graphics, one click tools to fix your audio and the very powerful Photoshop graphics program to make eye-catching thumbnails.
Best of all you can get a free trial for 30 days on their website, a discount if you are a student and if you are a regular human being it starts from as little as £9 per month if you want to commit to a plan.
3. Rev.com helps people read my videos
You can’t always listen to a video.
Maybe you’re on a bus, a train or sat in a living room with a 5 year old singing baby shark on loop… for HOURS. Or, you are trying to make as little noise as possible while your new born is FINALLY sleeping.
This is where Rev can help you or your audience consume your content on the go, in silence or in a language not native to the video.
5. Shutterstock helps me add amazing video b-roll cutaways
I mainly make tutorials and talking head videos.
And in this modern world this can be a little boring if you don’t see something funky every once in a while.
I try with overlays, jump cuts and being funny but my secret weapon is b-roll overlay content.
I can talk about skydiving, food, money, kids, cats – ANYTHING I WANT – with a quick search on the Shutterstock website I can find a great looking clip to overlay on my videos, keeping them entertained and watching for longer.
What Is Fair Use On YouTube? — Fair Use For Dummies // Fair Use on YouTube Explained. Fair Use is a US loophole that allows you to use clips of copyrighted material as long as you follow certain guidelines. Fair Use explained and simplified into 3 core points.
1–80/20 Rule — Use more of your OWN content than anybody else’s.
2 — USE MULTIPLE SOURCES — If you can reference more than just one person or clip to illustrate your point then that shows them you are being fair.
3 — CREDIT THE OWNER — Make sure you name drop or name the original content creator in the video or description.
Alan Spicer YouTube Tips Channel — YouTube Tricks, YouTube Tips & YouTube Hacks to Help Grow Your YouTube Channel. I make YouTube Training Tutorials based on my personal experience on How To Increase YouTube Views, How To Gain YouTube Subscribers and How To Grow A YouTube Brand Online.
I have been on YouTube since 2013 growing an Entertainment and News Channel, MrHairyBrit. Within that time I have made many mistakes but have also learnt many YouTube Hacks that I want to share with you to help you Rank Your YouTube Videos On YouTube, Grow Your YouTube Channel and Get Your Brand Noticed On YouTube.
I also have a background in Social Media Marketing, Search Engine Optimisation, and Web Design & Development.
We can grow together, We can learn together… Start Creating!
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