What’s “Fair Use” in Online Video?

Copyright Law is probably the most misunderstood of all law pertaining to copyrights. I wrote that myself.

So it helps to get some guidance from Mark Levy, who specializes in intellectual property law, and wrote a piece on “What’s Legal: Producer’s Rights” in a recent issue of VideoMaker.

The least you need to know:

  • Copyright law protects you as a video creator, and gives you the right to authorize (or not) your stuff for reproduction, derivative works and distribution for sale or rental.
  • Fair use allows users to copy portions off a work for purposes of illustration or commentary. Journalist can quote speeches, but courts consider four factors to determine the fine line between fair use and copyright infringement:
  1. The nature of the work: If it’s factural not creative, it’s more likely to pass.
  2. Purpose: commercial or non-profit has obvious implications.
  3. Amount and substantiality of excerpted work. The more you use, the greater the risk. TheStranger can probably use my image in this “Undies” award promotion. But the jackass that keeps ripping popular YouTube videos, posting it on their own channel, and linking to their stupid website? YouTube seems to be policing that well.
  4. Potential effect on the value or potential market of the original work.

Be careful out there, kiddo.

8 Replies to “What’s “Fair Use” in Online Video?”

  1. I just watched theestranger’s video and your comments on it. I had no idea you could swear like a sailor. I thought I was the potty mouth on this blog.

  2. Whoah, Nalts!!! That wasn’t really you commenting on thestranger’s video was it? Holy sh*t you made me f*?king blush! I’ve never heard such a potty mouth from you before! Go wash your mouth out with saop, you nasty fellow.

  3. I was a bit surprised at the level of “enthusiasm” by Nalts in the comments.

    The YT awards were boring, this will hopefully be fun. I’ve been watching a lot of Dean Martin roasts for inspiration.

    Good Luck!

    Oh, and it’s “Thee” with the extra “e”. 😉

  4. Sailors have a wider range of colorful invectives than what Kevin typed, sukatra. Much wider. A typical naval spew will put you off your feed for days.

  5. a little too much ire in the coffee this am Kev or was that just testosterone? either way I have to confess it’s fun watching the neighbors fight especially when their funny. NO FEAR!

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