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  • i was doing my research on the topic of “fair use” and this is information i found and want to share with you
    Fair 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. These factors are:
    1. the purpose and character of the use,
    2. the nature of the copyrighted work,
    3. the amount and substantiality of the portion used, and
    4. the effect of the use on the potential market for or value of the copyrighted work.
    ChillingEffects gives a good overview of the four factors, on which my summary below is based (italics indicate quotes from ChillingEffects).
    FACTOR 1: THE PURPOSE AND CHARACTER OF THE USE
    “This factor considers whether the use helps fulfill the intention of copyright law to stimulate creativity for the enrichment of the general public.”
    The key to this prong of the test is whether the use is (1) commercial or non-commercial, and (2) transformative rather than merely derivative. Non-commercial use of copyrighted material is much more likely to be considered fair use than commercial use, since particularly in video there is an established market for licensing material for commercial use. However, this does not necessarily mean that a commercial use cannot be fair use, but the burden of proof will be higher.
    The most important part of this prong is whether the new use is transformative, which means that it must somehow alter the original work either quantitatively or qualitatively. “The more transformative the use, the more likely it is to be fair, whereas if defendant merely reproduces plaintiff’s work without putting it to a transformative use, the less likely this use will be held to be fair.” Even if a use does not necessarily alter the original in substance, if it does something to add a new meaning or message to it, it is still likely to be considered transformative.

    FACTOR 2: THE NATURE OF THE COPYRIGHTED WORK
    “The more creative, and less purely factual, the copyrighted work, the stronger its protection. In order to prevent the private ownership of work that rightfully belongs in the public domain, facts and ideas are separate from copyright–only their particular expression or fixation merits such protection. Second, if a copyrighted work is unpublished, it will be harder to establish that defendant’s use of it was fair.”
    FACTOR 3: THE AMOUNT AND SUBSTANTIALITY OF THE PORTION DEFENDANT USED
    “In general, the less of the copyrighted work that is used, the more likely the use will be considered fair. If, however, the defendant copied nearly all of, or the heart of, the copyrighted work, his or her use is less likely to be considered fair.”
    FACTOR 4: THE EFFECT OF DEFENDANT’S USE ON THE POTENTIAL MARKET OF THE COPYRIGHTED WORK
    “This factor is generally held to be the most important factor. This factor considers the effect that the defendant’s use has on the copyright owner’s ability to exploit his or her original work. The court will consider whether the use is a direct market substitute for the original work. The court may also consider whether harm to a potential market exists.
    Deciding if your video is fair use
    Code of Best Practices in Fair Use for Online Video, which lists the following six uses as being probable fair use:
    1. Commenting on or critiquing of copyrighted material
    2. Using copyright material for illustration or example
    3. Capturing copyrighted material incidentally or accidentally
    4. Reproducing, reposting, or quoting in order to memorialize, preserve, or rescue an experience, an event, or a cultural phenomenon
    5. Copying, reposting, and recirculating a work or part of a work for purposes of launching a discussion
    6. Quoting in order to recombine elements to make a new work that depends for its meaning on (often unlikely) relationships between the elements

    SEE COMENTS:
    Very brief use of clips and sounds would usually fall under fair use, or possibly de minimus use, which means it’s just too short to be considered infringing. I can’t comment on your particular plans though.
    the article is here: https://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use

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