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?
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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.
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