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Build a commentary channel with confidence. Know your rights, protect your content, and build alternative monetisation from day one - because even legally protected content gets demonetised.

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Important Disclaimer

This is educational information, not legal advice. Fair use is determined case-by-case. Even strong fair use cases often trigger Content ID claims - platforms and rights holders apply automated or risk-averse policies independent of what courts might decide.

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1. The 4 Fair Use Factors Scorecard

Rate your planned content against each factor before filming. Know your legal position before you publish.

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Score Each Factor: Strong / Neutral / Weak

Factor 1 - Purpose & Character of Use

Transformative use: criticism, education, analysis, commentary. Your commentary dominates - original clips are evidence for your points. Simply reposting fails this test.

• Your rating:

Factor 2 - Nature of the Copyrighted Work

Factual / documentary content gets less protection than fictional creative works. Using news footage or documentaries has stronger fair use standing - though fictional works are still usable with strong commentary.

• Your rating:

Factor 3 - Amount Used

Less is more. Multiple very short clips are stronger than one long clip. Never use a pivotal or "heart" scene. Every second of footage must tie to a specific point.

• Your rating:

Factor 4 - Market Impact

Your video must not replace the original viewing experience. Viewers should still want to watch the original after watching you. Commentary, critique, and education don't replace - they promote.

• Your rating:

Overall risk level:

Weakest factor (needs work):

Go ahead / revise / abandon?

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2. Clip Strategy Checklist

Run every clip through this before including it.

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Before You Include Any Clip

• [ ] Can I state exactly what point this clip proves?
• [ ] Is this the shortest clip that still makes the point?
• [ ] Is this not a pivotal or "heart" scene of the work?
• [ ] Does my commentary dominate this section of the video?
• [ ] Is the clip used as evidence, not entertainment? </aside>

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Clip Presentation Best Practices

• [ ] Add text overlay stating why this clip is shown
• [ ] Use multiple short clips instead of one long sequence
• [ ] Consider side-by-side comparisons or annotations
• [ ] Credit the source in description and on-screen
• [ ] Keep documented records of your editorial decisions </aside>

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The "Evidence" Test

Before including any clip, ask: "What precise claim does this clip prove?" If you can't answer clearly in one sentence, omit it. Treat every clip like a footnote in an academic paper - it exists solely to support a specific point you've already stated in your own words.

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3. Script Structure Template

Claim first, clip as evidence, analysis second. Your voice must dominate.

4. Content ID Response Planner

Even strong fair use cases trigger claims. Know your options before it happens.