Downloading Youtube clips to create an ad Fairuse

[CephEsaul]

Hi! I'm trying to start my first affiliate marketing ad on Facebook. I have a product that helps one sleep. I have a nice little ad in my head, but I don't have people I know willing to help me shoot a video. I want to find videos of people struggling with sleep and sleeping soundly, download them, cut them, and piece together an ad. As far as I know fair use applies to educational videos only. Obviously this is for profit. I have also read that someone can only claim that you are stealing their property if you're stealing their business. e.g. Someone makes a commercial about not being able to sleep & you borrow their text. Now you're taking their intention of the video & competing against them with it. That's cut & dry stealing. But what if there's a funny video produced by Buzzfeed, or some nobody about not being able to sleep because they have to pee & I download that video, cut two to five second clips out of it & piece it together with similarly originated clips? Can my commercial get flagged, or worse?

 

[PayrollHRGuy]

You are wrong about copyright having anything to do with stealing business from the copyright holder.

There is stock video you can licence on the internet that you can use in your adds. There is also video in the public domain that you can use. Just getting something off of Buzzfeed or any other site that isn't specifically authorizing you to do so is just begging to be sued for copyright infringement.

 

[quincy]

Hi! I'm trying to start my first affiliate marketing ad on Facebook. I have a product that helps one sleep. I have a nice little ad in my head, but I don't have people I know willing to help me shoot a video. I want to find videos of people struggling with sleep and sleeping soundly, download them, cut them, and piece together an ad. As far as I know fair use applies to educational videos only. Obviously this is for profit. I have also read that someone can only claim that you are stealing their property if you're stealing their business. e.g. Someone makes a commercial about not being able to sleep & you borrow their text. Now you're taking their intention of the video & competing against them with it. That's cut & dry stealing. But what if there's a funny video produced by Buzzfeed, or some nobody about not being able to sleep because they have to pee & I download that video, cut two to five second clips out of it & piece it together with similarly originated clips? Can my commercial get flagged, or worse?

You will need to get permission (releases) or licenses from those whose clips you wish to use. The videos are copyright protected.

In addition to copyright issues, you also have privacy/publicity rights as a concern. You cannot use anyone else's persona for commercial gain without risk of a lawsuit.

 

[FlyingRon]

And (in deference to your subject line), it's not fair use in the least.

 

[CephEsaul]

Do you know how to contact Youtube channel hosts? I'm a total noob.

 

[CephEsaul]

You are wrong about copyright having anything to do with stealing business from the copyright holder.

There is stock video you can licence on the internet that you can use in your adds. There is also video in the public domain that you can use. Just getting something off of Buzzfeed or any other site that isn't specifically authorizing you to do so is just begging to be sued for copyright infringement.

How do you determine what's stock video, public domain, copyrighted?

 

[quincy]

The YouTube videos are identified. Contact YouTube. https://support.google.com/youtube/?hl=en#topic=7505892

The way to find out what is in the public domain and what is not is to research a work's copyright status.

If a work was published before 1923, it is no longer copyright protected. See: https://www.copyright.gov for the law.

You can enter "stock videos" into your search bar to find videos to license. Creative Commons can be a source to look at.

You are smart to be looking at the legalities before creating and publishing any video. Using the creative works of others without permission from the holder of the rights, especially when these works include identifiable people, would be a lawsuit magnet.

You might also want insurance enough to cover a lawsuit should one arise despite your best efforts to avoid one.

Sitting down with a legal professional in your area is wise and advised.

Good luck.

 

[HighwayMan]

I hope your intent is not to start selling some type of drug - I can't see what else could "help people sleep".

If that's so then the problems that will come your way will make your vehicle collision lawsuit look minor.

 

[quincy]

I hope your intent is not to start selling some type of drug - I can't see what else could "help people sleep".

If that's so then the problems that will come your way will make your vehicle collision lawsuit look minor.

There are MANY areas that can cause legal problems for CephEsaul (including making advertising claims that cannot be supported with evidence).

CephEsaul needs to seek personal legal assistance from an attorney in his area to determine what he can and cannot do legally when marketing the "sleep aid" product.



(HighwayMan, there are mattresses, pillows, reading the tax code, and sex, to name four )