WatchMojo, a prominent video production company, has more than 25 million subscribers to its YouTube channel. Known widely for its innovative and viral “Top 10” videos, the platform has established itself as a pioneer in the world of digital content creation. What differentiates WatchMojo from almost all other creators is their willful and knowing exploitation of copyright laws. What really sets it apart is its strong commitment to fair use. This article examines how since 2011, WatchMojo has exploited the loophole of Section 107 of U.S. copyright law. It showcases key lessons that new YouTubers would do well to take from their tactics.
The idea of fair use is essential to content creation on platforms such as YouTube. Under U.S. copyright law, Title 17 U.S.C. Section 107 establishes fair use. This law allows creators to weave copyrighted material into their own work while avoiding the hassle of seeking approval from the rights holders. WatchMojo is a classic example of this rule in action, as their videos almost exclusively use short clips of copyrighted footage. The company’s approach illustrates how to effectively balance the rights of copyright holders with the creative freedoms of content creators.
The Four Factors of Fair Use
Fair use is not some free-for-all right—it must be proved by a case-by-case, fact-sensitive balancing of four statutory factors. These factors serve to highlight the inquiry into whether a specific use is fair or infringing.
The first factor focuses on the character of the use, looking at its purpose. For instance, if a video adds something new, such as critique, parody, or educational value, it may qualify as fair use. A particularly bad, and good, case in point was this WatchMojo video. It drills into Clint Eastwood’s greatest performances and touches on his profound success as an actor. Through their analysis and critique, such videos show that creators can use copyrighted works in a transformative manner.
The second criterion is all about what the original work was like. For this reason, creative works sometimes receive more protection than factual works. Educational content therefore tends to score higher in fair use analyses. WatchMojo frequently capitalizes on this point by combining entertainment with educational content, thereby making their videos both fun to watch and learn from.
The third factor looks at the amount and substantiality of the portion used in relation to the copyrighted work as a whole. To be fair, WatchMojo often artfully integrates just-enough short clips from movies and shows in most of its videos. This practical, commonsense approach allows them to steer clear of incorporating outsized portions that would infringe on copyright owners’ rights.
Fourth and last, the fourth factor considers the impact of the use on the market for or value of the original work. WatchMojo’s original videos aren’t meant to substitute the original content that they are appropriating. Rather, they further it by attracting audiences who will go on to seek out the originals after falling in love with the short form summary or analysis.
Lessons for Up-and-Coming YouTubers
Emerging independent YouTubers should benefit from instilling principles of fair use seen in WatchMojo’s successful practice. Knowing how to avoid copyright limitations and still embrace creativity is incredibly important in our creative digital world today.
For one, would-be creators need to prioritize providing value with their content. Employing criticism, comment, parody, or educational use significantly increases a creator’s likelihood of qualifying for fair use protections. A fresh perspective is what it takes to win! This is why a properly produced video analyzing the trends of popular films into an engaging story will attract viewers. It also provides important context that pushes readers to learn more about the issue.
New YouTubers need to be aware of copyright strikes that may come when using living materials with copyright protections. YouTube occasionally shows a “Copyright Claimed” screen when a video is taken down after being flagged for copyright infringement. Specifically, creators can minimize the risks of copyright infringements by utilizing and adhering to fair use principles. They should know how to best frame what they have to offer.
Any prospective YouTuber should make an ongoing effort to learn about fair use and copyright law. Understanding Section 107 and its requirements will equip creators to best decide how to create their works in compliance with the law. Through this process, they are able to circumvent the challenges of copyright, all while staying creative and interactive.
