Copyright is the law designed to protect works that people create from plagiarism or piracy. It is that simple.
It has claimed many a pooper's life, and will soon take yours. The Copyright of something starts with it´s creation.
Not to be confused with trademark.
(1709) The British Statute of Anne was the first act to directly protect the rights of authors. Under US copyright law, the justification appears in Article I, Section 8 Clause 8 of the Constitution, known as the Copyright Clause. It empowers the United States Congress "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
Fair use is a clause that allows limited usage of copyrighted works for either educational, critical, news, parody, or research use without the holder's consent.
Whether an use of content is fair use or not id determinated by 4 factors. It doesn´t have to meet every factor, but the more it meets the better.
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.
If you don´t monetize your YouTube Poop, this factor is fulfilled.
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
As YouTube Poops mostly use big portions of material, this factor is
- The effect of the use upon the potential market for, or value of, the copyrighted work.
As it´s almost impossible for a YouTube Poop to reduce the value of used clips, so this factor is also automatically fulfilled by YouTube Poops.
As 2 of the 4 factors are fulfilled by unmonetarized YouTube Poops, most YTPs are fair use. Even if fair use is fulfilled, you still may not be safe due to a number of auto-detection mechanisms in YouTube's uploading system which will block videos anyway. Putting disclaimers like "I don't own the sources used" or "This video qualifies as fair use..." will not protect videos from being taken down. Although, you may be able to submit a counter-claim.