Will a Youtube video with clips from a copyright protected anime website (AnimeID) be taken down even if I give credit in the video and description?

Question

This is my first post here, but I think I used the search function and couldn't find what I was looking for. This is probably a stupid question, but here goes: I'm creating an analysis of an anime just for fun on Youtube. I have fairly short clips from a free but copyright protected anime website in this video I'm making. I have already given credit in advance on my blog, and I will include credit both in the video and in the description. Is this enough, or is it not guaranteed that the video will remain up and not be removed by Youtube (because of a copyright issue)?

It would be great if someone could answer this sometime today because if this will work out alright, I want to upload it today if possible. I am also asking this question on another online forum in case no one sees this here.

Thank you so much in advance!

Answer 1

It's a strange case. In court, you would win because you're using the footage under the "fair use" regulations. However, many videos still get claimed wrongfully. You can request a manual review, and possibly get approved, but by then the main viewership per day has gone down (since approval may take a few days).

So from a monetary standpoint, for video-projects such as these should be supported via patreon, since you will most likely miss out on a big chunk of ad-revenue.

But if you don't care much about the earnings, you will very likely get away if you live in a country/state in which the "fair use" right is applicable.

Answer 2

An algorithm decides that. It can go both directions. The system is not smart enough to correctly decide if your video meets the cirteria for fair use/citation. In case of a wrong decision you can appeal and sometimes you succeed.

If you give credit or not does not play a role for Youtube, however it's a legal requirement for correct citation.

If a copyright violation is detected, the video either gets blocked or the income will be redirected to the holders of these rights. And you get a strike.

Funny: As I write this I'm listening to an experienced Youtuber in a live stream and by chance she speaks about this topic and says: "It's a game of luck if you get a copyright strike or not." I think this confirms my point.