YouTube Do's and Dont's Questions

[Caden]

Jurisdiction

California

Hello,

I am planning on starting a YouTube fitness channel but want to ensure I am doing everything legally when I make videos and even products/E-books in the future. Below are some questions I have...

1) What are the legalities of reading a book, watching a YouTube video, buying a fitness program, etc and using some of the advice/content in some of my own YouTube videos or E-products? For ex. Making a video on how to properly barbell squat with correct form (using information I gathered from books and YouTube)? Using somebody's exercise that they made up in their exercise program that I paid for? Using some of the techniques they made up in their exercise program that I paid for? Using methods or knowledge from an E-product or continuing education that I did NOT pay for?

2) What are the legalities of paraphrasing and combining points from several books on a topic and then selling the content in any way? Making a YouTube video from it? Cause I've seen this several times (other YouTubers making videos or selling E-products in which they paraphrase a book, a video from somebody else, a fitness program/techniques, etc).

3) What about with using certain techniques from a fitness program that I bought? For ex. I bought a fitness program (Athlean X) and during one week they use some exercise intensity techniques that I like and are unique. Could I use those in any way, shape, or form in either a YouTube video or in a fitness program that I create? Cause I've also seen this from other YouTubers.

4) What are the legalities of quoting somebody and using some of their video clips as part of my own YouTube video? Cause I, again, have seen this from other YouTubers.

5) Can I film YouTube content in a gym? Can I take pictures for E-products in a gym?

6) How do taxes work if I sell a product or generate an income through YouTube?

7) What are the legalities of pulling information from another website I find on Google and using it to sell an E-product or make a point? For ex. Statistics showing the average cost of recovery for a torn ACL is X amount of dollars


I know that was a lot and I feel like I may be thinking too much about it.

Thank you for taking the time to read and respond to part or all of my questions!

 

[Tax Counsel]

Hello,

I am planning on starting a YouTube fitness channel but want to ensure I am doing everything legally when I make videos and even products/E-books in the future. Below are some questions I have...

1) What are the legalities of reading a book, watching a YouTube video, buying a fitness program, etc and using some of the advice/content in some of my own YouTube videos or E-products? For ex. Making a video on how to properly barbell squat with correct form (using information I gathered from books and YouTube)? Using somebody's exercise that they made up in their exercise program that I paid for? Using some of the techniques they made up in their exercise program that I paid for? Using methods or knowledge from an E-product or continuing education that I did NOT pay for?

You risk violating the copyright and/or trademark of the holder of those risk if you do not have permission from holder of those rights to use the their material. If you violate their rights you may be sued. That can get costly.

The answers are similar for many of your questions. It all depends on exactly what you with the material. While there is a right for fair use of material, that is pretty limited so you need to know what qualifies and what does not. I suggest consulting an attorney who handles copyright & trademark and show him/her what you want to do.

Or just come up you own original content. If you are not copying others or using their trademarks then you won't have to worry much it.

Note that just because you see some YouTubers doing something doesn't mean they had the right to do it. A lot of people don't understand how copyright and trademark law works after all.

It'd be a good idea to also consult a personal injury lawyer to discuss any risk of exposure to a law suit should someone be injured following the ideas in your videos.

 

[zddoodah]

What are the legalities of reading a book, watching a YouTube video, buying a fitness program, etc and using some of the advice/content in some of my own YouTube videos or E-products?

Rather than deal with vague hypotheticals, let me give you a quick primer on copyright law.

A copyright is a bundle of rights relating to several categories of "works of authorship." As you'll see if you click the link, works of authorship include literary works (e.g., books), musical works (which refers to the composition of a song or long-form piece, including or not including lyrics), and motion pictures/audiovisual works (e.g., videos).

Ownership of a copyright initially vests in the author(s) of the work, and the owner (or any joint owner) has the exclusive right to do or license others to do several things, including making copies, making derivatives and distributing, performing and displaying the work publicly. There are lots of nuances to the concept of "public performance," but it's mostly what any layperson would think it is.

I hope you can see that virtually any (unauthorized) use of someone else's copyright-protected work in your own work will be an infringement of copyright.

That said, there is a concept called "fair use," which is a defense against a claim of copyright infringement. Fair use is widely misunderstood - especially when it comes to internet usage. A lot of people think that, if they're not making any money, it's a fair use. That's wrong. Also, just because you bought a copy of a copyright protected work doesn't mean you have any rights to use that work other than for personal use. On the other hand, if, for example, you take a short snippet from another workout video and play it and then engage in criticism of the technique shown in that video, that could be fair use. If you read reviews of books, you may see quotes from the books. That's typically fair use. Like I said, fair use is a very misunderstood concept, so please ask questions if you have any.

Last, if you're showing someone else's product in a video, that could give the (presumably false) impression that you are affiliated with or sponsored/endorsed by the owner of the rights in that product. That could give rise to a trademark infringement claim.

I think that covers most of your first four numbered items.

Can I film YouTube content in a gym? Can I take pictures for E-products in a gym?

We have no idea what abilities you have, but I would assume your ability to use a gym for these purposes is entirely subject to the whim of the owner of the gym.

How do taxes work if I sell a product or generate an income through YouTube?

That's an incredibly broad question, but any income you generate in this way would need to be reported on your tax returns.

What are the legalities of pulling information from another website I find on Google and using it to sell an E-product or make a point? For ex. Statistics showing the average cost of recovery for a torn ACL is X amount of dollars

Facts are not subject to copyright. If, for example, you included the above-mentioned information and wanted to appear credible, you'd need to cite your sources, but it wouldn't make for a copyright issue.

BTW, I agree with everything in the prior response and would note that there is a jackton of stuff on YouTube that is infringing. Some rights owners are more vigilant than others in protecting their rights.

 

[Tax Counsel]

6) How do taxes work if I sell a product or generate an income through YouTube?

That's self-employment taxable income to you. For federal income tax you'd need to complete Schedules C and SE and any other appropriate forms based on your activities in this endeavor.

 

[welkin]

When it comes to YouTube, any channel owner can claim you are infringing on their content and file a copyright infringement claim with YouTube. It works just like a DMCA takedown notice. Each time your channel is hit with a claim that is proven true, you get a strike against your channel (account). Three strikes and your channel and/or your account can be suspended or terminated.

You can read the YouTube policies on copyright in the help section of the platform.

 

[welkin]

When it comes to YouTube, any channel owner can claim you are infringing on their content and file a copyright infringement claim with YouTube. It works just like a DMCA takedown notice. Each time your channel is hit with a claim that is proven true, you get a strike against your channel (account). Three strikes and your channel and/or your account can be suspended or terminated.

You can read the YouTube policies on copyright in the help section of the platform.

 

[Caden]

Rather than deal with vague hypotheticals, let me give you a quick primer on copyright law.

A copyright is a bundle of rights relating to several categories of "works of authorship." As you'll see if you click the link, works of authorship include literary works (e.g., books), musical works (which refers to the composition of a song or long-form piece, including or not including lyrics), and motion pictures/audiovisual works (e.g., videos).

Ownership of a copyright initially vests in the author(s) of the work, and the owner (or any joint owner) has the exclusive right to do or license others to do several things, including making copies, making derivatives and distributing, performing and displaying the work publicly. There are lots of nuances to the concept of "public performance," but it's mostly what any layperson would think it is.

I hope you can see that virtually any (unauthorized) use of someone else's copyright-protected work in your own work will be an infringement of copyright.

That said, there is a concept called "fair use," which is a defense against a claim of copyright infringement. Fair use is widely misunderstood - especially when it comes to internet usage. A lot of people think that, if they're not making any money, it's a fair use. That's wrong. Also, just because you bought a copy of a copyright protected work doesn't mean you have any rights to use that work other than for personal use. On the other hand, if, for example, you take a short snippet from another workout video and play it and then engage in criticism of the technique shown in that video, that could be fair use. If you read reviews of books, you may see quotes from the books. That's typically fair use. Like I said, fair use is a very misunderstood concept, so please ask questions if you have any.

Last, if you're showing someone else's product in a video, that could give the (presumably false) impression that you are affiliated with or sponsored/endorsed by the owner of the rights in that product. That could give rise to a trademark infringement claim.

I think that covers most of your first four numbered items.




We have no idea what abilities you have, but I would assume your ability to use a gym for these purposes is entirely subject to the whim of the owner of the gym.




That's an incredibly broad question, but any income you generate in this way would need to be reported on your tax returns.




Facts are not subject to copyright. If, for example, you included the above-mentioned information and wanted to appear credible, you'd need to cite your sources, but it wouldn't make for a copyright issue.

BTW, I agree with everything in the prior response and would note that there is a jackton of stuff on YouTube that is infringing. Some rights owners are more vigilant than others in protecting their rights.

Gotcha, I think I'm beginning to understand. Fair use seems a little ambiguous but makes sense.

In regards to "fair use" I see the ambiguity in the following example:

There are tons of videos out there on how to squat with perfect form (cues such as keeping the knees in line with the 2nd and 3rd toes, keeping the heel on the ground, keeping a straight barbell path, etc). Along with this, there are a plethora of books that give these cues as well.

With all that in mind, anybody besides the very original creator of those cues would be "copyrighting" but "fair use" protects them from this, as I've seen countless videos and read numerous books that give these cues yet their channels did not get a strike/suspended nor did the authors of those books get sued. Is that a good example of "fair use"?

If so, it would be almost impossible to pinpoint an exercise (squats or really any variation) or techniques (such as drop sets, super sets, etc) as "copyright".


Also, if I were to approach the gym-owner about taking videos/pictures for a YouTube video or E-product and they state it's okay for me to do this, should I get that in writing? I live in California and have heard that verbal agreement is enough but I want to ensure the gym-owner doesn't come after me legally in the case they change their mind.

 

[Caden]

When it comes to YouTube, any channel owner can claim you are infringing on their content and file a copyright infringement claim with YouTube. It works just like a DMCA takedown notice. Each time your channel is hit with a claim that is proven true, you get a strike against your channel (account). Three strikes and your channel and/or your account can be suspended or terminated.

You can read the YouTube policies on copyright in the help section of the platform.

Is there a way to challenge these claims? I replied to an above post with some examples in which things I have seen on YouTube or read in books can seemingly be inspired or directly from an original author but there's no way to track down who exactly was the very original author. It would be unfair to be challenged with a claim if I were legitimate or it could not exactly be proven that I "copyrighted" (ex. Squatting with perfect form).

 

[Caden]

I appreciate all the replies by the way - very informative and thoughtful! You guys are great!

 

[welkin]

Is there a way to challenge these claims?

Go to the YouTube site and scroll down on the left menu to help. In the help search window type DMCA and start reading. It will answer all your questions.

 

[zddoodah]

Fair use seems a little ambiguous

That's very accurate.

There are tons of videos out there on how to squat with perfect form (cues such as keeping the knees in line with the 2nd and 3rd toes, keeping the heel on the ground, keeping a straight barbell path, etc). Along with this, there are a plethora of books that give these cues as well.

With all that in mind, anybody besides the very original creator of those cues would be "copyrighting" but "fair use" protects them from this, as I've seen countless videos and read numerous books that give these cues yet their channels did not get a strike/suspended nor did the authors of those books get sued. Is that a good example of "fair use"?

I'm not sure what "cue" means in this context, but what you've described likely isn't subject to copyright.

Also, if I were to approach the gym-owner about taking videos/pictures for a YouTube video or E-product and they state it's okay for me to do this, should I get that in writing?

Getting a signed writing for this would be more important for the gym owner than for you, but it's rarely a bad idea to have an agreement in writing.

I live in California and have heard that verbal agreement is enough but I want to ensure the gym-owner doesn't come after me legally in the case they change their mind.

Most verbal agreements are enforceable (in California and everywhere else in the U.S.). The problem, of course, is proving the terms of a verbal agreement. In your case, if the gym owner tells you yes on Monday for use on Saturday and then changes his mind on Tuesday, then that's that, whether it's in writing or not (unless the agreement was irrevocable). On the other hand, if he changes his mind after you've already used the premises, then too bad for him.