Can I make a sports compilation on Youtube using clips from various broadcasts?
<p>I would like to create a "Top 10"-style compilation of clips from a sports event that I particularly enjoyed watching some weeks ago. </p>

<p>Since there are literally thousands of content creators on Youtube who publish such highlight reels on a regular basis, without any mention of permission from the broadcasters, I thought I could do it as well.</p>

<p>However, it slipped into my mind that doing so would not necessarily be "fair use" legally speaking as I am neither criticizing nor educating anyone, nor is it for purely "personal" use. On the other hand, such a compilation has a "journalistic" nature, i.e., it shows the best moments from a match, or the worst fails from an event.</p>

<p><strong>Am I committing copyright infringement by uploading a sports compilation on youtube?</strong></p>

<hr>

<p>If the answer to the above question is "yes", can someone explain to me how those <em>thousands</em> of compilation content creators get away with their videos, even as they're monetizing them?</p>

<p>Unfortunately, the "but everyone does that" (BEDT) argument doesn't hold water as evidenced by prosecutions of looters. </p>

<h2>Would uploading this video be a copyright infringement?</h2>

<p>It would be hard to answer this part of the question without knowing where and from whom the clips had come from.</p>

<ul>
<li><p>If the clips came from a company like ESPN or a YouTuber that doesn't give you permission to be able to use their clips then yes this might be a copyright infringement.</p></li>
<li><p>If you use video/clips that are labeled as creative commons then nt it wouldn't be an infringement. YouTube has a feature for this.</p></li>
</ul>

<p><a href="https://i.stack.imgur.com/5JQYb.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/5JQYb.png" alt="a screenshot YouTube&#39;s advanced search functions with &quot;Creative Commons&quot; selected"></a> </p>

<h2>Would my actions be fair use?</h2>

<p>First, we'll need to understand what <a href="/questions/tagged/fair-use" class="post-tag" title="show questions tagged &#39;fair-use&#39;" rel="tag">fair-use</a> is. Fair use is the ability to use copyright material under certain circumstances without permission. To best determine if using copyright-protected material in your work you should weigh it against <strong>the four factors of fair use.</strong></p>

<ol>
<li><p>The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; </p></li>
<li><p>The nature of the copyrighted work; </p></li>
<li><p>The amount and substantiality of the portion used in relation to the copyrighted work as a whole; </p></li>
<li><p>The effect of the use upon the potential market for or value of the copyrighted work.</p></li>
</ol>

<p>More information about fair-use <a href="http://www.dmlp.org/legal-guide/fair-use" rel="nofollow noreferrer">here</a></p>

<p>Youtube outlines their fair use guidelines <a href="https://www.youtube.com/yt/about/copyright/fair-use/#yt-copyright-four-factors" rel="nofollow noreferrer">here</a>   </p>

copyright youtube