How I Use Movie Clips in my Videos with Fair Use | Truly Social



Nearly every week, I get a few people asking me the question: “How much do you pay for those movie and TV clips on YouTube?” When I tell them I don’t pay anything, they are shocked. So I promised a few people I’d give a lesson on something called Fair Use (or similarly, Fair Dealing in Canada and other countries).

I’m no lawyer and I’m not an expert, but I have been part of the remix culture for many years. Watch, but definitely go check out the references below because they are MUCH smarter than I am and know the legal bits (which may be my undoing one day). 😉

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Clips used and references:

“Ass sphincter says what?” Wayne, Wayne’s World
“What the hell was that?” Krusty, The Simpsons
“Whatcha talking bout Willis?” Arnold, Different Strokes
“Uuuuuuuuuuuuuuuum” Dean Simmons, The House Bunny
“I’m not listening to you. You’re crazy.” Nacho, Nacho Libre
“It’s so boring” Deadpool in the Deadpool Game.
“What’s in it for me?” Ray, Field of Dreams –
Lockheed Eggcraft Factory, Loony Tunes
“It’s only a tiny little thin one” Monty Python’s Meaning of Life –
“Indubitably” Michael, The Office
“Good luck with that,” Spongebob, Spongebob
“You keep telling yourself that darling” Jack Sparrow, Pirates of the Caribbean –
“Show me the money” Jerrie McGuire
“You’re so money and you don’t even know it,” Trent, Swingers –
“Totally lame!” Cartman, South Park
“Guilty, but with a real good excuse!” Spike, Brewsters Millions –
“Yes! Yes yes yes!” Kevin, Home Alone
Kutiman-Thru-you – 01 – Mother of All Funk Chords –
Most Awkward Gameplay Ever! Dead pool – Pewdiepie
YouTube Poop: Squidward Gets Possessed by a Bad Lemon
“Dun dun duuuuuuun!” dramatic sound effect remix:
“Can’t touch me!” Peter Griffin, Family Guy

GirlTalk:
Kutiman:
YouTube Poop:
Honest Trailers:
Bad Lip Reading:
Supercuts:
Derivative Works:
Vidding:

YouTube Fair Use:
Fair Dealing:
EFF (Electronic Frontier Foundation):
Michael Geist (Canada’s Lawrence Lessig):

Lawrence Lessig:
Creative Commons:
Copy Left:
Remix: Making Art and Commerce Thrive in the Hybrid Economy:
RiP! A Remix Manifesto:
Kirby Ferguson:
Corey Doctorow:
Guilda Rostama:

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42 thoughts on “How I Use Movie Clips in my Videos with Fair Use | Truly Social”

  1. Thank you, this is so good in every way, everything about it. The question I'm looking for an answer to, I can't find. If a video and interview with me about my visual art and studio featured in the video is copyrighted by the videographer and I signed a release but years after the fact I filmed her video of me with my iPhone and now want to either re-present my iPhone video of my art and me either in it's entirety as she filmed it or re-mashed by me—er—-um. Maybe this might be unprecedented since I can't find information on it? The original release form is long gone. I am inclined to do as you do and just go ahead rather than ask videographer for permission. Neither videographer nor I make money on either of our creative endeavors. Do you have any thoughts on this?

  2. Where are you located in Canada? I'm in Montreal.
    I was really inspired by your success story. I am looking to produce some of my original TV and movie scripts, but I don't have a budget at the moment, and you gave me a lot to consider. Thank you.

  3. Thanks for your video! It helps a lot! Especially all the people, who want to start making YouTube Videos 🙂

  4. Hey, what about if I need to cut together a promo video that'll be demo'd in a suite, like a 'check out what you have access to with our tv service'? Kind of like this

  5. Thank you so sooo much this will help me a lot my videos really sucked and now if i add a few memes it could be really fun to watch

  6. I was watching your expressions and smiling through out the video. Every time you smile in the video I smile too .. the way you say truly social .. oh god save me ,she is killing me 🔥🔥🔥🔥 all the best ..

  7. truly social, im starting a gaming channel and this has been very informative about this fair dealing as i live in canada too, you have pushed my confidence to use more material for my content, hopefully in the future the ever growing internet will loosen the strictness of copyrighted laws, keep up the good work, you got a new subcriber 👍

  8. This was very helpful. I'm also a Canadian YouTuber with around the same amount as subscribers as you. I generally make commentary and informational videos, such as "6 Things You Didn't Know About _____" type of videos. I always wondered about fair use, and this video seemed to clear a few things up.

    Oh, each clip I use is about 5-8 seconds with no original audio, so I think I should be fine?

    Maybe you can see one of my videos as an example haha. Keep up the good work.

  9. OK…lets say I want to make a video that has clips of one of my favorite tv characters. Kind of like a best of video. I see these all the time on youtube and some are even monetized. If the clips are short I should be ok right???

  10. "sHHHH, ya wanna git sued?" Groundskeeper Willie on the Simpsons, Shinning Episode, really seemed to fit. Sorely missed.

  11. Woah… I thought for sure TS would provide attribution at the end of the vid. Seeing that TS does NOT do this makes me happy. It's less work in post. I see now that the solution is to provide references/attribution in my descriptions. I think the most important part of your video is when you mention that your videos are monetized. Anyone can use owned content in a non monetized video.

  12. My daughter meet a cast member from the walking dead and he appeared in her video talking about one of his scenes. So we decided to use a short clip to reference what he was talking about. I hope that's ok.

  13. Play it safe = Make your own original work, your own music ( or purchase license ). Wanna gamble = Take someone else work and re-edit it and see what happens. Wanna have nightmares = Take someone else work and simply re-publish it on your channel and see what happens. Conclusion : Everythings depends on everything. some get lucky and get away with it, some don't . I know some people who had "copyright strikes" from publishing less then 5 seconds of music from a Japanese song. I know some people who "never" got striked from publishing an entire american song. ( so that does that mean that Japanese song are more strict then american song? go figure… ) I know some people who got their account banned from publishing an entire original movie on their channel and other people who "never" got strike from publishing an entire copyrighted videoclip on their channel. So technically, you can play it safe… or gamble. Peace.

  14. Hey is it ok to give a shout out to you & this Video in my first YouTube review on Cancelled TV Shows?

  15. The camera is to close to your face, your teeth ate too white, and you make all sorts of funny eye movements, i guess your a close talker, i dont like close talkers, i have had people talk to me and its like they almost want to rub cheek to cheek with me while they speak, good info in the video, thank you very much, 🙂 good luck, umm, its like your facial expressions count you as condescending as you speak, i guess one could say over acting? i dont mean to be mean, you got good info, i guess i just think it could be presented in a better way and not really for me, but for you, , thank you for your videos, i learn quite a bit, thank you

  16. Great explanation! I've been thinking about tinkering with the idea of adding humorous clips to my videos. Thanks for the info. Spaniard OUT…

  17. Hi, I have this YouTube intro I’m making right now and I’m using a commercial from Apple and a song by Apple. If I cut some parts out the commercial and speed up the music will I get a copyright strike? By the way it is 32 seconds long.

  18. DO DANCE VIDEOS COME UNDER FAIR USE?!
    I danced on two of my favourite songs (copyrighted) and now YouTube says it can't be played and is blocked all over the world. What to do? 😭😭
    I'm giving credits and not earning anything from it.
    I have seen so many dance cover videos not being blocked at all. How do they get through?

  19. Does that mean I can create a script and add clips from a certain actor and make a little scene. I don't think it would fall under parodies unless it looks that way 😯

  20. ppl only benefit from not being sued yet. law never moves in the way that seems most logical. & the TV precedent was ruled on not that long ago, in the US anyway. It found essentially streaming was a number of violations equal to the number of viewers. law sucks bc it is so expensive. Gawker had $300mil – took one law suit to bankrupt them for showing Hulk Hogans vid.

    & at first they won bc he was too poor to access the Justice system, having only 9mil dollars left ("only a single digit millionaire" i think is the wording from the case). Until he was backed by a certain altruistic billionaire who was outed as gay by them once.

    & that is also as "journalists", which over here means first amendment – usually. So, move to the US, call it journalism, & find an altruistic billionaire & youll be fine. tho YT, as a private firm, can still do what it wants.

  21. were i a lawyer i would destroy your argument based on, well, the IP infringement itself and the fact you monetize your videos (which isn't necessarily forbidden). the only leg you have to stand on here, imo, is the 'educational' aspect of it, though a lawyer might say these clips aren't adding anything substantial and absolutely necessary to the educational value of the videos. honestly, you probably get away with this because you're relatively small, it's not worth prosecuting beyond a cease and desist, and the copyright owners tend to let things slide if it's innocent enough, depending on who you're nicking clips from. if you're nicking disney clips for racist viewpoints, you're going to be shut down. otherwise, these things as far as i can tell promote a brand, so they look the other way, like you mention.

    most of these rules of thumbs are myths. having dealt with lawyers a little bit i can assure everyone that you only think you know the law, and if they want they'll bury your 'interpretations,' lol. after all, you're essentially admitting you're bullshitting your way into using some, if not all, of the clips for your convenience. again, were i lawyer all i would have to do is show this video to a judge to determine your 'reckless disregard of copyright' ~ you readily admit to not being an expert, to knowingly use clips you know aren't allowed to use, and basically construe the laws however you see fit. it seems music is challenged moreso, too.

    it's also technically against the law to bake a spider-man cake for your son's birthday party without permission, that's considered IP infringement. while i doubt the cops will kick your door down over it (then again, you're in canada so i don't know what trudeau will do next), there it is. try asking a bakery to make a cake they don't have the license to make, lol.

  22. On my other channel I had to go back and re-edit parts of my video twice in order to make it ok to use, granted, it was an Avengers: Infinity War review and I had Disney and Fox on my back.

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