Q: Can I use footage of the Breeders' Cup (broadcasted by NBC Sports) in a YouTube video of my own?
I intend on editing (adding text and additional imagery) the original footage as well. I have seen other YouTube channels get away with using NBC Sports' footage by simply giving them credit.
A: Copyright generally gives of the owner of the work the exclusive right to copy and display the work. This means the owner is the only one allowed to copy or display … plus other rights. There are exceptions – one being fair use. Review the fair use factors on the copyright.gov website at: https://www.copyright.gov/fair-use/more-info.html .
Example cases are here: https://www.copyright.gov/fair-use/fair-index.html
Fair use is a defense, meaning it can be used if sued. So if the issue of fair use is questionable and the other party sues, fair use can used as a defense, and the court will decide if there was fair use (but usually there is a settlement before a court decision).
This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to review the specific facts to the case.
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