Different countries have different rules about when it’s okay to use material
without the copyright owner’s permission. For example, in the United States,
works of commentary, criticism, research, teaching, or news reporting might be
considered fair use. Some other countries have a similar idea called fair dealing that may work differently.
Courts analyze potential fair uses according to the facts of each specific
case. You’ll probably want to get legal advice from an expert before uploading
videos that contain copyright-protected material.
In the United States, fair use is determined by a judge, who analyzes how
each of the four factors of fair use applies to a specific case.
1. The purpose and character of the use, including whether such use is of
commercial nature or is for nonprofit educational purposes
Courts typically focus on whether the use is “transformative.” That is,
whether it adds new expression or meaning to the original, or whether it
merely copies from the original. Commercial uses are less likely to be
considered fair, though it’s possible to monetize a video and still take
advantage of the fair use defense.
2. The nature of the copyrighted work
Using material from primarily factual works is more likely to be fair than
using purely fictional works.
3. The amount and substantiality of the portion used in relation to the
copyrighted work as a whole
Borrowing small bits of material from an original work is more likely to be
considered fair use than borrowing large portions. However, even a small
taking may weigh against fair use in some situations if it constitutes the
“heart” of the work.
4. The effect of the use upon the potential market for, or value of, the
copyrighted work
Uses that harm the copyright owner’s ability to profit from his or her
original work are less likely to be fair uses. Courts have sometimes made
an exception under this factor in cases
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