Fair use is a legal doctrine that says you can reuse copyright-protected material under certain circumstances without getting permission from the copyright owner.
Fair use guidelines
Different countries have different rules about when it's OK to use material without the copyright owner's permission. For example, in the United States, works of commentary, criticism, research, teaching or news reporting may be considered fair use. Some other countries have a similar concept called 'fair dealing' that may work differently.
Courts look over potential fair use cases according to the facts of each specific case. It's advisable to seek legal advice from an expert before uploading videos that contain copyright-protected material.
In the United States, judges decide what's considered fair use. A judge will consider how the four factors of fair use apply to each specific case. The four factors of fair use are:
1. The purpose and character of the use, including whether such use is of commercial nature or is for non-profit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work
Example of fair use
'Donald Duck Meets Glenn Beck in Right Wing Radio Duck'
This remix combines short excerpts from different source materials. The remixes create a new message about the effect of provocative rhetoric in times of economic crisis. Works that create new meaning for the source material may be considered fair use.
YouTube's fair use protection
YouTube gets many takedown requests to remove videos that copyright owners claim are infringing under copyright law. Sometimes these requests target videos that seem like clear examples of fair use. Courts have decided that copyright owners must consider fair use before they send a copyright takedown notice. Because of this, we often ask copyright owners to confirm that they've done this analysis.
In rare cases, we've asked creators to join an initiative that protects some examples of 'fair use' on YouTube from copyright takedown requests. Through this initiative, YouTube indemnifies creators whose fair use videos have been subject to takedown notices for up to $1 million in legal costs in the event that the takedown results in a copyright infringement lawsuit. The goal of this initiative is to make sure that these creators have a chance to protect their work. It also aims to improve the creative world by educating on both the importance and limits of fair use.
Examples of YouTube's fair use protection
These example videos represent a small sampling of the large amount of copyright takedown requests that we get. They also represent only a few of the large number of potential fair use videos that are subject to takedowns.
Each year, YouTube can offer fair use protection to only a few videos, which are chosen based on many factors. In general, we select videos that best demonstrate fair use based on the four factors of fair use listed above.
While YouTube can't offer a legal defence to everyone, we remain vigilant about takedown notices impacting all creators. You may be aware of some notable cases where we've asked copyright owners to reconsider takedowns and reinstate fair use videos. For example:
- This video by the Young Turks, which shows short clips from a heavily criticised commercial as part of a conversation on why it offended viewers.
- This video by Secular Talk, which criticises a political figure for endorsing an unproven treatment for diabetes.
- Buffy vs Edward: Twilight Remixed – [original version], a remix video that compares the ways in which women are portrayed in two vampire-related works targeted at teens.
- 'No Offense', a video uploaded by the National Organization for Marriage, which uses a clip of a celebrity as an example of rude behaviour.
If you'd like to learn more about fair use, there are many resources available online. The following sites are for educational purposes only and are not endorsed by YouTube:
- The Center for Media and Social Impact's 'Code of Best Practices in Fair Use for Online Video'
- The Digital Media Law Project's detailed explanation of the Four Factors
- The US Copyright Office's fair use index