People often incorporate others' work by sharing, adapting or building upon it in their own projects.
People often incorporate others' work by sharing, adapting or building upon it in their own projects.
Whether paid or not, you remain legally barred from violating someone else's protected assets. However, certain fair use provisions apply broadly, potentially offering some protection. Otherwise, infringement continues unchallenged due to factors like owner tolerance—especially when it seems like a harmless advertisement—or lack of awareness. It’s similar to musicians performing on the street; they play copyrighted tunes, but organizations like ASCAP may choose not to pursue them because it wouldn’t be worthwhile.
The only explanation I've found is that they're adding their own commentary over a professional game.
Fair use applies for reviews and current events, commonly seen in outlets like CinemaSins or CNN.
If you're using a channel heavily and upload someone else's content, that's not a good idea. When you're creating a parody or pointing out errors, fair use might help. But I've seen people get caught just for making videos more appealing with music and effects, which is also problematic.
This matter sparked some debate in the Dota2 pro community. A major highlight channel was banned for recording content from professional streamers on Twitch without consent. In reality, you should always seek permission from the original creator. However, YouTube operates more loosely, so you might still face challenges after being flagged or removed.