Using British Pathé footage in a YouTube documentary — how risky is this?
Let me give some context before I ask my question.
I'm working on a pretty big YouTube project that I am just about to be finished with. "The ENTIRE history of motorsport." Going in, I knew almost nothing about copyright laws. Normally on my previous videos, I gather a big deal of my footage from other YouTube channels who've uploaded archival footage of whatever it is I'm talking about in the video. I've never ran into any issues at all from previous videos. While making this video though, I noticed a pretty big chunk of the footage was coming from British Pathé. I knew nothing about who they are, but at some point after using a couple of their videos, I saw this in their description:
"For Archive Licensing Enquiries Visit: -"
Seeing that sent me down a rabbit hole that I've been stuck in for weeks now. Half of the video I'm working on is based in the 1800s to early 1900s, and a lot of the history I cover is based in Europe. Turns out a very large amount of archival footage from this time period is just completely owned by British Pathé. It's very VERY hard to find the footage I need without using them as a source, so it's almost unavoidable. To license their content, it's probably on average $500 for something as small as a 7 minute video. If I were to license their footage, I'd be spending WAY more than I could afford. This sent me down another rabbit hole of YouTube's Fair Use laws. I found out that under certain criteria, a video is safer from copyright.
Things I've researched that make a video safer is:
Commentary and criticism
Transformative use
Documentary or historical context
Educational presentations
and PLENTY more which my video fully falls under. My video is an educational documentary that transforms the archival footage into very short clips (literally ALL less than 5 seconds) and also adds my own licenced music and commentary. I know Fair Use isn't a black and white thing, and every situation is different depending on context, but I'd say I'm pretty certain this video would be classified as Fair Use.
But then I did more digging. I went into ANOTHER rabbit hole of YouTube Content ID. I'm not so worried about Content ID copyrighting my video because I can just upload the video as private to run checks and if it comes back positive, I can just edit and reupload until the Content ID isn't an issue... but then I figured out British Pathé could still MANUALLY find my video and monitize it as their own without Content ID. Then that would lead to all the revanue going to British Pathé until I appeal and hopefully win a case claiming that my video is Fair Use. It's all really messy stuff that I really don't know for sure the risk of.
I have been very heavily anticipating this project and it means a lot, and this issue has been my nightmare for the past month. I have no idea if I'm just completely overthinking this and maybe British Pathé wouldn't even notice at all, or if this is a real concern to be thinking about.
Either way, I would love to hear some advice on the risk of my situation. I know there are plenty of other factors that play into this and without seeing the content for yourself it's going to be harder to form an opinion, but I need some peace of mind or some advice on if I should just upload and bank on the video being Fair Use, or if I should consider something else.
Sorry for the yap, and thank you for the help.