The fair use act helps content creators and companies understand what is and isn’t allowed from a legal standpoint and is important for all parties to be aware of.
Did You Know?
The most common types of content you can see that is fair use includes remixes, news reporting, commentary, and parodies. Knowing the ins and outs of how this affects the music, movies, and mention of companies and their products could have a huge impact of what you do or don’t see on YouTube.
The Main Problem That We All Face
Do you work for a company and have you noticed content on the internet with your brand with or without your permission if you are in charge of compliance or branding? Would you like to understand how this affects YouTubers, Companies, and audience members? Make sure to watch the video below to learn more.
Top 4 Factors To Consider With Fair Use
1.) The purpose and character of use. Using quotes from someone and presenting them in unique video presentation could be an example of this.
2.) The nature of the copyrighted work. Giving facts that benefits the public and using information from published works in an educational way would be some good examples of fair use.
3.) The amount and substantiality of the portion taken. In some cases, the amount of material copied is so small (or “de minimis”) that the court permits it without even conducting a fair use analysis
4.) The effect of the use upon the potential market. This has to do with depriving the copyright owner of income or undermining a new or potential market for the copyrighted work. If neither of those are present, then fair use could be at play.
What To Keep In Mind
Reading up on what is fair use and what is not fair use will help all parties involved when it comes to the content you see online.
As a Youtuber this is important to do to make sure you are representing brands properly.
As a company this is important to make sure you are not jumping to conclusions just because you see something posted without your permission.
As a viewer this is important to note when you see brands on YouTube, TV, and movies in plain sight or in the background.
Knowing if content online or on film or video should be taken on a case by cases basis and a judge is the only one that can make the say. Checking out the sources below will definitely help you gain more insight on how brands, people, and companies can operate more synergistically.
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