Have you ever seen a video or listened to a song online and thought, “Can I use this for my school project or social media post?” Copyright laws protect creative works like music, movies, and pictures, but there’s a special rule that might allow you to use parts of these works without asking for permission. This rule is called “Fair Use”.
Fair use in copyright law allows you to use copyrighted works under certain conditions, but it’s not as simple as just taking or copying anything you want.
To help you understand how fair use works, I will break it down into easy-to-follow steps and examples. By the end of this article, you’ll know what you can and can’t use and how to stay safe when creating content online.
What is Fair Use in Copyright Law?
Fair use is a legal rule in copyright law that allows you to use copyrighted content without asking for permission, but only for certain purposes. It’s an important exception to the general rule that using someone else’s creative work is illegal unless you get their permission first.
For example, if you want to use a song, video clip, or picture for educational purposes or to comment on it, fair use might apply.
But if you want to use the entire song for a commercial video, that’s likely not fair use. So, how do you know if your use qualifies as fair use?
When Can You Use Fair Use in Copyright?
There are a few important things to consider when deciding if your use qualifies as fair use in Copyright. Courts look at several factors to determine whether a use is fair or not. Let’s break these factors down:
1. Purpose and Character of the Use
The first question to ask is: Why are you using the work? Fair use often depends on the purpose of your use. For example, is it for education, commentary, or something else?
Fair Use: Using a clip from a movie in a school project or to teach people about a subject.
Not Fair Use: Copying the entire movie to make money or to sell it.
For instance, 2 Live Crew’s parody version of “Oh, Pretty Woman” was found to be fair use by the court because the group turned the original song into something new, adding humor and commentary.
2. The Nature of the Copyrighted Work
Another important factor is the type of work you’re using. Courts typically favor using factual works (like news articles or historical data) over creative works (like songs or novels).
Fair Use: Using a news story or a scientific article in a research paper.
Not Fair Use: Using an artist’s photo or song for your video shared on social media without adding any new meaning or commentary.
Creative works like music and art are usually given more protection than factual works.
3. The Amount and Substantiality of the Portion Used
How much of the copyrighted work are you using? The more you use, the less likely it is to be fair use. Courts generally say that if you use only a small portion of the work that’s necessary for your purpose, it’s more likely to be fair use.
Fair Use: Using a short clip from a song or a couple of lines from a book to explain or review it.
Not Fair Use: Using the entire song or the most important parts of the work.
For example, in the famous case of Brown v. Netflix, Inc. In this case, the court found that the use of a short portion of a song in a documentary film was considered fair use. The portion used was minimal (only eight seconds of a 190-second song) and was deemed necessary to serve the documentary’s purpose
4. Effect on the Market
Does your use harm the market for the original work? If your use of a copyrighted work takes away potential buyers or stops people from purchasing the original, it’s less likely to be fair use.
Fair Use: A movie review that uses a clip to show a point, without replacing the need for people to watch the entire film.
Not Fair Use: Using a popular song in your own video that competes with the original and may stop people from buying or streaming the song.
Courts consider whether your use could reduce sales or profits for the original creator. If it does, it’s less likely to be fair use.
Fair Dealing in Copyright
In some countries like the UK and Canada, there’s a similar concept called fair dealing. While it’s very similar to fair use in copyright, fair dealing has stricter rules. In countries with fair dealing, you can only use copyrighted works for certain reasons, such as for research, criticism, or news reporting.
For example, if you live in the UK, fair dealing might allow you to use a few lines from a book in your review, but you still need to follow specific rules. It’s always important to understand whether you’re in a fair use or fair dealing country.
Fair Use in Copyright Music
Using fair use copyright music is one of the most common questions people have about copyright. Can you use your favorite song in a school video or YouTube post? It depends.
Fair Use: Using a small part of a song for educational purposes, commentary, or parody.
Not Fair Use: Using a whole song for a personal video without adding anything new.
For example, the case of Robin Thicke and Pharrell Williams v. Marvin Gaye’s estate involved a copyright infringement claim over the song “Blurred Lines”.
The court ruled that “Blurred Lines” copied the “feel” and style of Marvin Gaye’s song “Got to Give It Up.” It was further observed that the act was not fair use because a significant part of the song’s style and feel was copied. Thicke and Williams were ordered to pay almost $5 million to Marvin Gaye’s estate in the case’s final ruling.
If you want to use a song for a project or social media post, make sure it’s a short clip and that you’re adding something new, like commentary or parody.
Fair Use and Social Media
Many people use copyrighted material on platforms like YouTube, Instagram, and TikTok. But can you post your favorite song or a funny movie clip?
The key here is that fair use in copyright applies when you’re using the material for educational purposes, commentary, or criticism. If you’re just sharing a clip for fun, it’s less likely to be considered fair use unless you’re adding something new—like a funny comment or an opinion.
For example, in Authors Guild v. Google, Inc., 804 F.3d 202 (2d Cir. 2015), the court found that Google’s use of copyrighted books in its database was fair use because Google wasn’t using the full text of the books but instead providing snippets for search results, which did not harm the book market.
FAQs on Fair Use in Copyright
Fair use means you can use a little bit of someone else’s work, like a song or a picture, without asking, but only for things like school projects, reviews, or making fun of it (parody)..
A: Copyright is a law that says only the person who made something, like a book or song, can decide how it’s used. It helps protect their work so others can’t take it without permission.
A. Using memes in social media videos can sometimes count as fair use. If you change the meme to add new meaning, commentary, or humor, it might be okay. Using just a small part of the original work and making sure it doesn’t hurt the original work’s value also helps. Fair use can be tricky, so it’s always good to be careful!
A. You might have seen videos or blog posts that include a line like: “This
video is made under fair use for educational purposes.” While this
disclaimer helps explain your intention, it doesn’t automatically make your use fair. The court will still look at the factors we discussed earlier to decide if it’s truly fair use. So, always make sure your use follows the guidelines.
A. There’s no exact amount of a work you can quote, but generally, using a small amount that’s necessary for your purpose is safer. For e.g. Quoting two lines from a song to analyze its meaning in a school paper amounts to fair use. However, quoting the entire song for your video can land you in trouble. The key is to use only what you need for your specific purpose. The more you quote, the more likely it is to be considered an infringement.
Conclusion: How to Stay Safe with Fair Use
So, what have we learned? Fair use in copyright allows you to use copyrighted materials in certain situations, but it’s not a free-for-all. The key is to follow the fair use factors and make sure that you’re not hurting the creator’s rights or market. Always consider:
- Is it for education, commentary, or another fair purpose?
- Am I using only a small part of the work?
- Will this hurt the creator’s ability to sell their work?
If you’re still unsure, it’s always a good idea to ask for permission or use such applications that provide copyright rights.
