How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask montysimmons Your Own Question
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 315
Experience:  Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
Type Your Intellectual Property Law Question Here...
montysimmons is online now
A new question is answered every 9 seconds

Software copyright on my Videos

This answer was rated:

Software copyright


Hi i make Videos about How to Download Software's , Like Windows 8 or Ccleaner or YouTube Video Downloader and many more .   in the Videos i record my laptop screen  to show how to Download the Software but i always get a copyright Strike  on my video in the end.


and i Monetize the videos that i make about how to download a Software .  so what i wonder how can i make a video to show people how to download a Software With out getting a copyright Strike on my Video? 


would i get a copyright Strike  if i just record my self in the video talking in the video and saying if you wanna download this video click on the link Below ?


Please help me understand about how can i make videos about how to download a Software with out getting a copyright strike


I do not fully understand the term "copyright strike" but I can tell you that what you describe is likely NOT a copyright violation.




In a copyright infringement case, the plaintiff must show:


(i) ownership of a valid copyright; and


(ii) unauthorized copying of the copyrighted work."


Jorgensen v. Epic/Sony Records, 351 F.3d 46, 51 (2d Cir. 2003).


You are not contesting (i) "ownership" but you could contest (ii) unauthorized copying of the copyrighted work.


Your defense is "Fair Use"





The Copyright Act of 1976, 17 U.S.C. § 107, sets forth four, non-exclusive factors that a court must consider in determining whether a particular use of a copyrighted work is a fair use.


[T]he fair use of a copyrighted work . . . for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.



In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--


(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;


(2) the nature of the copyrighted work;


(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and


(4) the effect of the use upon the potential market for or value of the copyrighted work.


Every case must be decided on its own facts: no bright line rule.






(1) Purpose and Character of use



This is the "heart of the fair use inquiry". Supreme Court has made it clear that commercial uses are not presumptively unfair.


Here, you are not trying to profit unfairly off the software, you are trying to add to the value of the software by making access to same easier.


This factor leans toward fair use.



(2) the nature of the copyrighted work


Two major issues

(1) whether the work is more creative or factual in nature, and

(2) whether it is unpublished, in which case the right of first publication is implicated.


Núñez v. Caribbean Intern. News Corp., 235 F.3d 18, 23 (1 Cir. 2000) (citing Harper & Row, 471 U.S. at 563-64).



Here the work is (1) creative and (2) published.


Basically what the courts wish to protect is the author's right to be the first to publish his/her work. Here the work is already published but it is a creative work.



At worst, this factor is neutral and could lean in your favor (toward fair use).




(3) Amount and Substantiality of Work Used



The third factor requires a court to examine the amount and substantiality of what was used in relation to the copyrighted work as a whole. Harper & Row, 471 U.S. at 564. It is both a qualitative and quantitative analysis.


If one copies the "heart of the work" one is going to have a problem no matter how much was copied.


What you describe appears to "De minimis" coping/use: the amount copied/taken/used is so small that it makes no difference.



This factor leans heavily in your favor (fair use).



(4) Effect of Defendants’ Use on the Market


The Supreme Court has stated that this factor is “the single most important element of fair use.” Harper & Row, 471 U.S. at 566. “Fair use, when properly applied, is limited to copying by others which does not materially impair the marketability of the work which is copied.”



Here, not only does your product not compete with the original product, your product should actually improves the market for the original.



This factor leans heavily in your direction (Fair use).





Any coping of video images of the original software used in your video tutorials on how to Download Software is almost surely fair use, and thus, there is not copyright infringement and you do not need permission to make such videos.



Copyright "Strikes"



I am not sure what copyright strikes are but I assume some website is saying your videos are a copyright violation per some website rule.


Just respond by saying that:


"My videos do not infringe anyone's copyrights per the "fair use exemption" defined under section 107 of Title 17 of the United States Code. (The US Copyright Act)."



Others may or may not honor your opinion on the issue but you will be correct.




Customer: replied 3 years ago.

Hi thank you very much for your Info you are very smart {}


i got the Copyrights Strikes on YouTube


and from now i make videos about Downloading Softwares while iam front of the Camera


Please watch the video that i made and tell me if there a chance i can get a copyright Strike for that


heres a link


Well, might complain about you copying and pasting their Editor's Review article in the video's "Show More" section, but otherwise the video is OK.






montysimmons, Patent Prosecutor
Satisfied Customers: 315
Experience: Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
montysimmons and 4 other Intellectual Property Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Alex Reese

    Alex Reese


    Satisfied Customers:

    Experienced in intellectual property law
< Last | Next >
  • Alex Reese's Avatar

    Alex Reese


    Satisfied Customers:

    Experienced in intellectual property law
  • Robert McEwen, Esq.'s Avatar

    Robert McEwen, Esq.


    Satisfied Customers:

    Licensed Texas General Practice Attorney
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    I assist my clients with IP questions that arise in their daily course of doing business.
  • Thomas Swartz's Avatar

    Thomas Swartz


    Satisfied Customers:

    Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Licensed attorney in private practice.
  • Wilton A. Person's Avatar

    Wilton A. Person


    Satisfied Customers:

    MBA, Experienced and Knowledgeable in Intellectual Property Law
  • BartEsq's Avatar



    Satisfied Customers:

    Juris Doctor

Related Intellectual Property Law Questions