Fair Use Basics

Fair use is a flexible doctrine that allows limited use of copyrighted works without permission for purposes like criticism, commentary, news reporting, teaching, scholarship, or research. The analysis weighs four factors and is highly fact-specific.

The Four Factors

1. Purpose and character of the use (commercial vs. nonprofit; transformative nature).
2. Nature of the copyrighted work (creative vs. factual).
3. Amount and substantiality used.
4. Effect on the market for the original.

Practical Scenarios

• Short reaction clips that add commentary may favor fair use.
• Reposting entire videos without commentary usually weighs against fair use.
• Memes that transform the message may favor fair use, but context matters.

Creator Checklist

• Add value: commentary, criticism, education, or parody.
• Use only what you need.
• Credit the original even if not legally required.
• Avoid harming the original work’s market.

Disclaimer This article is for informational purposes only and is not legal advice.