4 Factors of Fair Use in Youtube Copyright Case

What is Fair Use?

In US copyright law, the rule that extracts of copyright material may, under certain situations, be used for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder…. whether or not six seconds of the song in a user-generated video constitutes fair use is something for a court to decide… https://www.lexico.com/definition/fair_use

Anytime you create something and put it on a fixed transferable format, you own the copyright.

You don’t have to register the copyright. You don’t have to go to any copyright office to register.

Fair Use is used as a defence for a copyright claim. It still depends on the judge’s decision. You will need a lawyer to undertake the fair use claim.

The 4 points of Fair Use on why it will fit the legal exclusion under the copyright law are…

1. The purpose and character of the use.
2. The nature of the copyrighted work.
3. The amount of substantiality of the portion taken.
4. The effect upon the potential market of the original content.

Source: https://vidiq.com/blog/post/experts-guide-fair-use-copyright-youtube-tubetalk-195-rian-bosak/

Basically, if you are making money from the copied materials, or the owner loses money because of your copy, then you are wrong… Even if it is just a few seconds… But then again, the court makes the final decision who is right or wrong.

You can check if your YouTube video is being copied on YouTube.

Youtube Video Copyright Checker

Looks like I’ve got some legal actions to take.

So that’s what I learned today.

From the Journal of Adrian Lee – https://adrianvideoimage.com/