Are "Kidding Comments Parodies Reaction Videos" Allowed?

[boyka]

Ok, probably you haven't understood what the title means...
I simply want to know if videos where someone make some comments, react, make fun of a someone else's video, are really "allowed" on youtube.

I know a lot of youtubers make these kind of "contents", with even monetization on, and do not get any "report"...
I simply thought it was because they were famous, but then, even little youtubers started with this.
I've always knew that the owner of the "stolen video", could make a report, or even denounce the "stealer", if his own "figure" had been "compromised"...
Or at least get a strike since the "stealer" is not the owner of that content...
But now, I don't really know what to think, since is FULL of this kind of videos :/

I hope you understand what I've wrote

 

[Hail Kira]

If someone posts footage that isnt theyre own the owner has the right to put a claim in against the video if they can prove the footage is theirs...

 

[Viowolf]

Most of the time, the reason these videos are not taken down is because of "fair use". To put it simply, fair use allows other people to use copyrighted content without the original creator's permission if they are able to change the meaning or intention of it. In the case of these youtubers, it is usually fair use because they place some kind of parody, satire, or commentary on top of the copyrighted material.
For further reading:
Simplified Definition
Wikipedia Page
Simple Wiki Page

 

[MMLY]

http://www.copyright.gov/title17/92chap1.html#107…

Even if the video is not yours you are in fair use to use it as long as your reacting or commenting to the video but unfortunately youtubes copyright sysyem is so messed up that you have to file disputes which can take up to 30 days.

 

[boyka]

In the case of these youtubers, it is usually fair use because they place some kind of parody, satire, or commentary on top of the copyrighted material.

Wait, what do you mean with on top of the copyrighted material? Simply the title?

Even if the video is not yours you are in fair use to use it as long as your reacting or commenting to the video

Really? I know all what your links say, but I didn't think that make some funny comment or "cute" faces is considered criticism, especially if I get profit from it D:

you have to file disputes which can take up to 30 days.

What does it mean? I have to wait ~30 days to get some kind of an approval to publish it, or it's for monetization?

By the way, thanks for answers

 

[MMLY]

Wait, what do you mean with on top of the copyrighted material? Simply the title?



Really? I know all what your links say, but I didn't think that make some funny comment or "cute" faces is considered criticism, especially if I get profit from it D:



What does it mean? I have to wait ~30 days to get some kind of an approval to publish it, or it's for monetization?

By the way, thanks for answers

Only if someone files a copyright claim against your video than it can take up to thirty days to get it appealed. Im starting to hate youtube.

 

[Chronamut]

satire is allowed - its the reason parody exists in the first place - by reacting or parodying it you change the function - like taking a rose and using it in a piece of art - you have changed its original function into something new and shifted the focus.

If this wasn't allowed things like rap wouldn't exist as sampling would not be allowed - dnb would not exist as every dnb song samples the amen break - a percussion clip from one specific song in history - you don't realize just how much of what you create is referenced off of something else that already exists.

Imagine if I was the person who originally invented the wheel, and I put a copyright on it - anyone who made a wheel after that I could tackle.

Heck I even heard of a woman that tried to put a patent on the sun so everyone had to pay her royalties lol..

 

[boyka]

Only if someone files a copyright claim against your video than it can take up to thirty days to get it appealed. Im starting to hate youtube.

Ok thx.

satire is allowed - its the reason parody exists in the first place - by reacting or parodying it you change the function - like taking a rose and using it in a piece of art - you have changed its original function into something new and shifted the focus.

If this wasn't allowed things like rap wouldn't exist as sampling would not be allowed - dnb would not exist as every dnb song samples the amen break - a percussion clip from one specific song in history - you don't realize just how much of what you create is referenced off of something else that already exists.

Imagine if I was the person who originally invented the wheel, and I put a copyright on it - anyone who made a wheel after that I could tackle.

Heck I even heard of a woman that tried to put a patent on the sun so everyone had to pay her royalties lol..

I don't really think these are fair examples in this case... We are talking about someone who take and reupload the same video (taken from someone else) with only some minutes of comment between some "phrases" (or even only a facial expression), making fun of the person who made the original video with even insults (really, there's a youtuber that isults the creators of the video of who make "parodies").
And that's strange for me... I can understand if you make a video where you only talk about another one or a guy, or if you only use some images, but take a whole video and reupload it insulting the real owner... well, I can't consider it art

 

[Koala_Steamed]

It's a bit of a grey area when you are uploading someone elses content to "react to it", in fair use it is allowed to use others content as long as the video you are creating is making new content and you are not just uploading what the original owner created. So if you take say a Star Wars trailer and you reupload it and place an orange circle in the top right corner your are not creating a new type of content. If you however take clips of this Star Wars trailer then discuss what has happened in this clip that is allowed under fair use. This is the same reason that react channels can get away with it. Still Youtube has their own set of rules and sometimes don't exactly go by the law.

 

[boyka]

It's a bit of a grey area when you are uploading someone elses content to "react to it", in fair use it is allowed to use others content as long as the video you are creating is making new content and you are not just uploading what the original owner created. So if you take say a Star Wars trailer and you reupload it and place an orange circle in the top right corner your are not creating a new type of content. If you however take clips of this Star Wars trailer then discuss what has happened in this clip that is allowed under fair use. This is the same reason that react channels can get away with it. Still Youtube has their own set of rules and sometimes don't exactly go by the law.

Thanks, quite exhaustive.

But what about the risk of a complaint for defamation? Can someone tell me if this risk is real, or youtube won't allow it?

 

[Viowolf]

But what about the risk of a complaint for defamation? Can someone tell me if this risk is real, or youtube won't allow it?

As long as you're not going out of your way to make someone look bad for something they didn't do.
Example: If you were to accuse a gaming channel that they were cheating in a game, it would be defamation if what you said was false and if your accusation hurt that channel's reputation in some way. If your statement were true,however, then you cannot be convicted of defamation even if it does hurt their channel

 

[boyka]

As long as you're not going out of your way to make someone look bad for something they didn't do.
Example: If you were to accuse a gaming channel that they were cheating in a game, it would be defamation if what you said was false and if your accusation hurt that channel's reputation in some way. If your statement were true,however, then you cannot be convicted of defamation even if it does hurt their channel

Ok thanks a lot (even if some channels I know, should be closed and the owner in a nice penitentiary)