First of all a big sorry if it doesn't belong to this category I didn't know where to ask

I've been asked about a track if it contains any uncleared samples. And it does contains a sound from a youtube video.
The obvious answer is yes there is an uncleared sample in the track and I might as well go with that.
But I was wondering if it's really the case or not, since that video is I guess not being used to make money or sold, and as I hear so many tracks doing the same. Does it apply only while maybe sampling an existing and commercial track or does it apply also here ? Where is the line ?

Thanks a lot in advance if any one of you can enlighten me on such topic