{"id":3301,"date":"2021-12-08T12:05:42","date_gmt":"2021-12-08T06:35:42","guid":{"rendered":"https:\/\/www.flintzy.com\/blog\/?p=3301"},"modified":"2024-08-29T11:17:43","modified_gmt":"2024-08-29T05:47:43","slug":"what-is-fair-use-on-youtube-explained-for-beginners","status":"publish","type":"post","link":"https:\/\/www.flintzy.com\/blog\/what-is-fair-use-on-youtube-explained-for-beginners\/","title":{"rendered":"What is Fair use on YouTube: Explained for Beginners"},"content":{"rendered":"

Often, creators pay millions to compensate for using another\u2019s work in theirs. This happens intentionally or unintentionally. <\/span>Sometimes, <\/span>you might want to use copyrighted works of others (a painting, a movie or audio clip, etc) as a reference in your videos. However, simply copy-pasting their work on your channel will be considered as \u201ccopyright infringement.\u201d<\/span><\/p>\n

To avoid this, you should follow YouTube\u2019s \u201cfair use\u201d guidelines.\u00a0<\/span><\/p>\n

What is fair use?<\/strong><\/p>\n

Fair use<\/span> allows the use of copyrighted material without permission from the owner.\u00a0<\/span>It is a legal term that<\/span> YouTube uses as a guideline.<\/span>\u00a0<\/span><\/p>\n

With Fair use, you can add small pieces of an article, movie, audio clips, etc in your videos without permission f<\/span>or <\/span>teaching, news reporting, commenting, and criticizing.\u00a0<\/span>For example, a reaction video to a short movie clip is fair use. However, posting the entire movie on your channel is not.<\/span>\u00a0<\/span><\/p>\n

Different countries have different rules regarding fair use.<\/span> \u201cFair use\u201d in the US is known as \u201cFair dealing\u201d i<\/span>n the UK and among the Countries with British legal history (India, Australia, etc).<\/span><\/p>\n

How is Fair use determined on YouTube?<\/strong><\/p>\n

YouTube does not determine fair use.<\/span> Usually, the courts\u00a0decide what is fair use and what isn’t.\u00a0<\/span>They rely on <\/span>four factors <\/span>to decide fair use:\u00a0<\/span><\/p>\n

1. The purpose and character of the use<\/strong><\/p>\n

Whether the use is for non-commercial and educational purposes or just for profit. Courts focus on whether the use is \u201ctransformative.\u201d\u00a0<\/span><\/p>\n

Parodies are often considered as transformative use<\/span> as they make fun of, comment, and criticize the original work. They add a new purpose, meaning, and message to the original work rather than copying it. Popular parody artist Bart Baker\u2019s work is an example of this. <\/span><\/p>\n

2. The nature of the copyrighted work<\/strong><\/p>\n

Using factual and previously published material (records, footage) <\/span>for research and educational purposes<\/span> is more likely to be considered fair rather than purely fictional(creative) work. <\/span>For example,<\/span> in Muhammad Ali’s<\/span> documentary video <\/span>old clips and articles<\/span> were used to comment, criticize, and educate the public.\u00a0<\/span><\/p>\n