Copyright infringement in youtube

Will creating sculpts like in yansculpts in YouTube give copyright infringement.
Can we create sculpts of film characters, anime, games etc without getting copyright infringement in YouTube.

Welcome :tada:,
it’s a very bad idea asking for legal advice if you don’t pay a lawyer for it… you can’t say but someone said so afterwards.

So – this is NO legal advice:
Wikipedia:

A copyright is a type of intellectual property that gives its owner the exclusive right to copy and distribute a Creative_work…

So if you counterfeit the Mona Lisa and sell it as the original… it’s illegal.
If you search for images you can find very different interpretations of “Mona Lisa”.
There are even some nightmare versions of different character for children…

Some times there is just a sentence like: all right belong tto there original owners… not even mentioning the name of the owner… or: this use of this material is for educational use only…

Again: This was and is NO legal advice (and never will be).

(If you do a short fim and some known characters do bad things you surely will get trouble…)

Generally speaking, fair use covers derivative non-commercial attributed work. What this means is that if you are making your own version of a character, that is:

  • “substantially” different from the original
  • could not be confused by a “reasonable person” as the original
  • is attributed as a derivative work of the original
  • and is NOT making any profit, nor could make any profit, nor is implied to make any profit

Then generally speaking you’re fine. However, this depends on the company and the copyright. Disney is historically famous for NOT playing by those rules, which is why you’re not going to see YanSculpts doing a Disney character soon.

It’s important to remember that without explicit written permission from the copyright holder, you could be legally required to stop your work and even be sued by the copyright holder. Fair use doesn’t always protect you from legal punishment, it just creates a safety baseline that most copyright holders follow.

Fair use also applies to educational work and parody, and the “educational” aspect of YanSculpt’s channel gives them another layer of insulation.

Ultimately, if it’s “derivative non-commercial attributed”, most copyright holders don’t care, and you’ll be fine. You just need to steer clear of the big mean companies like Disney, and you need to be aware that without written permission, you could technically be penalized at any time. It’s just unlikely.

Media law was one of my studies in college, but I’m not a lawyer, so don’t cite this as legal advice. This also only applies to the United States

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That sound idiotic. YouTube is idiotic. Perhaps consider a different outlet like Vimeo, Instagram, TikTok or Artstation? YouTube has weird policies because they’re in the business of advertising and not in the business of displaying people’s work – never forget that.

Screw them!

What? Copyright is the same across platforms- the rules are the same for Vimeo, ArtStation, and YouTube. It’s not companies making these rules, it’s the Supreme Court. All companies operating in the United States follow US Copyright Law. That’s how laws work

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Copyright is a troubling subject, it needs reform, when you look at the larger picture, some do well from their creative work, and those who don’t, can be protected from theft that may lose them money.

Oh geez, you totally misunderstood what I wrote. If you make a sculpture of Luke Skywalker and post a 360 on YouTube, you shouldn’t get flagged for violating the copyright of Star Wars in the same way that you would if you ripped the BluRay and posted a clip from the film.

If that was the case, BlenderArtists.org would be ripe for lawsuits from just about every major studio on the planet.

What YouTube is doing is simply allowing an idiotic algorithm which obviously can’t draw any distinction between original and an artist’s interpretation to automatically flag videos and punish artists for no real reason.

The OP isn’t saying that his sculpture is the original, he’s just posting his work to display his sculpting skillset. It’s a prime example of something that should fall more in the fair-use category than as a blatant and malicious copyright infringement.

YouTube is ripe with these types of incorrect calls, just google how often they have made completely incorrect calls that even seasoned copyright lawyers think is a mistake and you’ll come up with plenty of examples.

Ah yeah I did misunderstand you. That is a good point, YouTube’s flagging algorithm definitely has some issues

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I believe the OP is concerned about a hypothetical case, not an actual experience of youtube shutting him down. Let’s not wring our hands off over hypotheticals.

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WOW!

I’ve only been flagged for using audio. I actually pre-apologized to Paul and Yoko for borrowing a Beatles recording. No flag. However, a MIDI version of a Seal song got me flagged. I don’t monetize… so, they get to show ads… I don’t care.

Had no idea that YouTube could “Spot” infringements on a model/mesh. Actually it’s amazing to me that they can.

I think when stuff like this gets flagged, it’s because of the title or description. If you upload a timelapse of “Sculpting Anna from Frozen”, I’d hazard a guess that title will earn you a swift DMCA notice from Disney. Again, though, YanSculpts and many other creators make derivative work of copyrighted characters all the time with no issues. “derivative non-commercial attributed” + educational keeps you safe from pretty much everyone but Disney :slight_smile:

I just posted “my version” of a popular TV ad on YouTube, and did mention the company in the title and description and “borrowed” the entire audio. No issue, so far.

I have news for you – YouTube/Google will impose monetization on your videos whether you like it or not (and regardless of any copyright notice). So you might as well monetize since if you don’t, you’re just giving money away to them.

'Fraid not.

I am aware…, not news to me.

But thanks for your insightful wisdom.

I do this for fun, not for money.

Signed,
Starving Artist

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