Walton, KY asked in Copyright, Civil Rights, Business Law and Intellectual Property for Kentucky

Q: Is my news youtube channel considered commercial? Can I use material gained from open records requests? And Monitize?

It's very hard to tell if I can even do this. I see a lot of body cam channels, obviously expanding and reporting on the situation. This would come with monitization and it wouldn't be just the video, I would create a more transformative video. I would like to do something similar in KY but when I do a records request I see a personal and commercial which should I select, and can I even do what I'm looking to do?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA

A: Whether your YouTube channel is considered commercial and whether you can monetize it depends on several factors. Here are a few key considerations:

1. Purpose of the channel: If your primary goal is to generate income from the channel, it may be considered commercial. However, if your purpose is primarily educational or informative, it might not be classified as commercial.

2. Transformative use: When using material from open records requests, your use should be transformative, meaning you add significant value, commentary, or criticism to the original content. This helps support a claim of fair use, which allows for the use of copyrighted material without permission for certain purposes.

3. Monetization: Monetizing your channel doesn't automatically make it commercial, but it can be a factor in determining the nature of your channel. If you're unsure, consult YouTube's monetization policies and terms of service.

Regarding open records requests in Kentucky, the distinction between personal and commercial requests may vary depending on the specific agency or organization you're requesting records from. It's best to contact the relevant agency and ask about their policies on the use of records for YouTube videos.

To minimize legal risks, consider the following:

1. Always provide proper attribution to the sources of your material.

2. Add substantial original content, commentary, or analysis to the videos to make them transformative.

3. Familiarize yourself with YouTube's policies on content usage, monetization, and fair use.

4. If unsure, consult with a legal professional specializing in intellectual property and media law to ensure compliance with applicable laws and regulations.

Ultimately, while it may be possible to create monetized YouTube content based on open records requests in Kentucky, it's crucial to carefully navigate the legal and ethical considerations involved.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.