Uploading Video: Copyright issue

Tom, I want to add a bunch of custom high-rez videos, say many funny clips from Colbert Report, Daily Show, and say up to 5 minute long clips from certain movies.

What's legality of doing this? Posting youtube videos is fine since Listal doesnt host them, but if I take a Colbert clip (obviously not a whole episode), could Listal get in trouble? or should we just do it and if studio complains, we'll remove the content? (as i doubt Listal is on the MPAA radar)

I would say anything that lasts a long time on youtube would be ok

Unfortunately videoegg will be discontinuing their service at the end of this month so I will have to implement my own video services or only allow embedded videos.

disclaimer or not, i'm just wondering how long of a clip is considered 'fair use'. 5 minutes?

The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.

There are no set guidelines but sites like youtube generally have the position of we will allow it until someone complains.

Personally I feel 5 minutes is quite long unless it's a compilation of different clips. Generally with fair use you have to be making some kind of commentary, illustrating a point, teaching or reporting on something.

So strictly speaking I would have to guess that it would not be considered fair use. The more important point is whether the copyright owner cares that much or not. I get the impression that comedy central are not really concerned if clips of their shows are on the internet since there are plenty on youtube :

www.youtube.com/results?search_query=colbert%20report