Assume just because you only use a few seconds of any clip that it will “be ok.” You cannot use any copyrighted material, no matter the length, without permission. Think that if you give credit to the artist, you can use their copyrighted material. Again, unless you get specific permission, you cannot use it.
It doesn't matter if it's just a short clip. 10 seconds or 30 seconds. You still can't use it. The only way to legally use music on YouTube is to get permission from the copyright holder (or whoever does actually “own the rights” to the song).
This is one of the most common misconceptions. Unfortunately, this is not true and there is no bright line rule that says a use is an acceptable use as long as you only use 5, 15, or 30 seconds of a song. Any use of copyrighted material without permission is, according to U.S. copyright law, copyright infringement.
Ask the content owner for permission.
If you're flagged by YouTube, you'll need proof from the copyright owner that you have the proper rights to use their content. You'll need written proof to fight off YouTube and/or the law. If a license is available for the copyrighted material, purchase a license from the creator.
Giving credit to the owner of a copyrighted work won't by itself turn a non-transformative copy of their material into fair use. Phrases like “all rights go to the author” and “I do not own” don't automatically mean you're making fair use of that material.
Common copyright myths
Giving credit to the copyright owner doesn't automatically give you the rights to use their copyrighted work. You need to make sure you've secured all the necessary rights to all copyright-protected elements in your video before you upload it to YouTube.
Assume just because you only use a few seconds of any clip that it will “be ok.” You cannot use any copyrighted material, no matter the length, without permission. Think that if you give credit to the artist, you can use their copyrighted material. Again, unless you get specific permission, you cannot use it.
Your video's status could change in the future and may even be removed from YouTube. A removal can happen when the copyright owner makes a different decision in your individual case.
A video can only have one copyright strike at a time. Keep in mind that videos can be removed from the site for reasons other than copyright. Also, Content ID claims don't result in a strike. Deleting a video with a strike won't resolve your strike.
Importantly, there is no set number of seconds of a song or film that automatically qualifies as fair use; each case is different.
There is no specific number of seconds of copyrighted video that you can use without permission. The use of any copyrighted material without permission from the copyright owner is considered copyright infringement, regardless of the duration of the use.
If you wish to utilize copyrighted music on YouTube, you must first obtain permission from the original creator. YouTube's copyright regulations ensure that creators are correctly compensated whenever their work is used. This is where YouTube's music policy comes into the picture.
Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent.
Videos uploaded to YouTube are scanned against a database of audio and visual content that's been submitted to YouTube by copyright owners. When Content ID finds a match, it applies a Content ID claim to the matching video.
About Fair Use
Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.
Using Copyright Content on YouTube: The Consequences
Your video may be blocked, or muted, and you may even get a copyright strike. And in pretty much every single circumstance you won't be able to monetize your content. At best you may be able to share the revenue if you do a cover version.
If proven valid, your video will likely be taken down. If you receive a Copyright Strike, you are no longer eligible to monetize your videos or live stream from your account until the strike expires. If you receive three Copyright Strikes, your entire channel will be terminated and you will be banned from the platform.
Replace song: If the audio in your video is claimed, you may be able to replace the claimed audio with other audio from the YouTube Audio Library. Mute song: If the audio in your video is claimed, you may be able to mute the claimed audio. You can choose to mute just the song or all the video's audio.
Now, thanks to revised licensing deals, YouTube says the majority of music on Shorts will be available in durations of up to 60 seconds. In addition, creators can “remix,” or sample, up to 60 seconds of sounds from other videos, instead of only 15 seconds, as before.
Only use content that you've created yourself
Another way to avoid copyright infringement and strikes is to only use your own content on YouTube. If you only use music and videos that you've created yourself, you won't have to worry about copyright claims as you'll be the copyright owner.
Give credit to the original copyright owner. Add a disclaimer like “I don't own the rights” or “no infringement intended” Added your own material to the original content.
If you or your staff infringe someone else's copyright – even by accident – you can face claims for significant damages from the copyright owner in the civil courts, as well as large fines and possibly even imprisonment in the criminal courts.
Give credit to the copyright holder.
In order for something to be fair use, you must give full credit to the person who created it. This includes the creator's name, as well as other information that will help people find the original work or source.