Not sure which forum to post this on but I'll try here.

I put together a highlight video evry year to be played at the local high school's football banquet. It's shown at the banquet, then sometimes I'll put it on Youtube so I can embed it on my website. We don't make copies for sale.

This year part of the video is from one of the big rivalry games. At the start of that segment, I sampled about 10 seconds of audio from the livestream of the game. It was the announcer talking about how the two teams were big rivals, district title on the line, etc etc.

If I do put it up on Youtube does this fall under fair use?

Do you add anything to the video overall or is it just strung together clips? Without any transformative properties to the video, there isn't much fair use to claim. Is the stream you pulled from in question copyrighted? Would they even send a take down request or a C&D to youtube? Do you monetize the videos on youtube?

FatZilla said:

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Do you add anything to the video overall or is it just strung together clips? Without any transformative properties to the video, there isn't much fair use to claim. Is the stream you pulled from in question copyrighted? Would they even send a take down request or a C&D to youtube? Do you monetize the videos on youtube?

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Just to be clear, all of the video footage is mine or my team's footage from HUDL. The only thing from the other team's stream is the 10 second audio clip.

I do not monetize my videos from Youtube.

The answer may lie with Youtube. Typically when a video is posted that has music added to it, you give credit for the music in the notes. That may be the thing to do here. Simply note that at xx:xx in the video, the announcer from _________ livestream provides 10 seconds of commentary.

Quote:

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107. Limitations on exclusive rights: Fair use41
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

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