Can I Use Copyrighted Content in a YouTube Video?

You may use copyrighted material only where you have a legal basis. That means ownership, written permission, an appropriate licence, a clear contractual right, or a applicable copyright exception. There is no universal “safe number of seconds” rule.

There is no safe duration

A short clip does not automatically mean the use is permitted. The following factors matter:

• The nature and importance of the asset within your video.
• How much of the original work you used.
• The purpose of your use (commentary, criticism, illustration, entertainment).
• Whether you have permission or a licence.
• The commercial context and potential for revenue.
• The applicable jurisdiction.

Public availability is not clearance

Just because content is easy to find online does not mean you have the right to use it. A video, song, image or clip can be publicly available and still require permission for your specific use.

Commentary and review

Commentary can raise fair dealing questions under Australian copyright law, but labelling your video “commentary” or “review” does not decide the legal test. You must examine the actual work, purpose, amount used, commercial context and applicable law.

See Is fair use the same as fair dealing in Australia? for the specific Australian exceptions.

See also

• Does giving credit avoid YouTube copyright infringement?
• Can I use music I bought in a YouTube video?
• Is fair use the same as fair dealing in Australia?
• What should I do after a YouTube copyright claim?

This page provides general legal information only. It is not personal legal advice. Platform processes, copyright outcomes and response options depend on the evidence, claimant, jurisdiction, contract terms and the facts of each matter.