Is It Legal to Create a Video Compilation from Copyrighted Videos?

Creating a video compilation from copyrighted content without permission from the copyright holders is often legally questionable. This is because it may constitute copyright infringement. However, certain circumstances might allow for it to be considered fair use, depending on several factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion utilized, and the impact on the potential market.

The Criteria for Fair Use

Purpose and Character of the Use:

Using copyrighted content for criticism, commentary, teaching, research, or parody is more likely to fall under fair use. Commercial uses of the content are less likely to qualify as fair use.

Nature of the Copyrighted Work:

Works of fiction are generally given more protection than factual works.

Amount and Substantiality of the Portion Used:

Using only the minimum necessary portions to achieve your purpose is more aligned with the fair use doctrine.

Effect on the Potential Market:

If your compilation doesn't negatively impact the value or sales of the original work, it may be more likely to fall under fair use.

Consulting an Intellectual Property Attorney

Given the complex nature of copyright law, it is advisable to consult with an intellectual property attorney if you have specific questions regarding the use of copyrighted material in your video compilation. The safest course of action is to seek permission from the rights holders before using their content.

Compensation and Permissions

If you do decide to use copyrighted content, you should pay the royalties on each video to the appropriate intellectual property owners or their agents. This ensures you comply with copyright law and avoid potential legal issues.

Creating Your Own Content

If you want to avoid the legal uncertainties associated with content use, consider creating your own original content. This can add value and authenticity to your video compilation. Even if you must use copyrighted clips, using only 15 seconds, adding commentary, and including royalty-free music can help reduce the risk of infringement.

Overview of Fair Use in the U.S.

For those in the U.S., the concept of fair use provides some leeway. However, this doctrine doesn't guarantee protection. Fair use is not a legal exemption; instead, it allows courts to consider certain uses in balance with the rights of copyright holders.

For mainstream compilations, such as 'Best of' compilations, the situation is complex. Even under the relatively flexible fair use criteria, these compilations often violate several other criteria. For example, they typically use the core parts of the original content, which are critical to the value of the work. Additionally, compilations are likely to impair the ability of the copyright owners to make money from their works, thus violating this aspect of fair use.

International Context

Outside the U.S., laws regarding the use of copyrighted content in compilations can be even more stringent. Most Berne signatory countries have more restrictive copyright laws. This means that while people might get away with creating compilations due to lack of awareness or the flattery of having their work included, these actions are generally against the law.

Ultimately, the right action is to get permission from the rights holders before using their material in your video compilation. This not only protects you from legal issues but also respects the intellectual property of other creators.