"This factor considers whether the use helps fulfill the intention of copyright law to stimulate creativity for the enrichment of the general public." FACTOR 1: THE PURPOSE AND CHARACTER OF THE USE the effect of the use on the potential market for or value of the copyrighted work.ĬhillingEffects gives a good overview of the four factors, on which my summary below is based ( italics indicate quotes from ChillingEffects).
the amount and substantiality of the portion used, and.If your video was blocked for copyright reasons, either by an automated Content ID match or by a DMCA notice, you will have to decide if your video falls under the "fair use" exception to copyright, or if you had some other kind of authorization to use copyright content (such as getting permission from the copyright holder).Īs described on the ChillingEffects website, "when a copyright holder sues a user of the work for infringement, the user may argue in defense that the use was not infringement but 'fair use.' Under the fair use doctrine, it is not an infringement to use the copyrighted works of another in some circumstances, such as for commentary, criticism, news reporting, or educational use." These specific purposes are highlighted in the law as particular types of uses which are strong examples of fair use, but they are by no means the only types of uses which are considered "fair use." Whether something qualifies as fair use typically depends on a case-by-case judgment of the facts.įair use is codified at Section 107 of the Copyright Act, which gives a non-exclusive set of four factors courts will consider in deciding whether a use is fair or not.
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