If you plan to use someone else’s work (photographs, video, or music) in your video, based on the assumption that it falls under the “fair use” umbrella, you might want to take a look at the video below by the Stanford Center for the Internet and Society.

It’s quite long (34:51 min) and not designed to entertain, but is one of the best general explanations of “fair use” as it applies to video.  CIS was asked by YouTube to answer a number of common questions about “fair use”, using specific examples to illustrate.  The information in the video is not legal advice, however, and the speakers caution that they are only providing “general guidance”.  Their recommendation is to get legal advice if you are not sure.

Below, I’ve summarized the definition of “fair use” as well as the four criteria that determine “fair use”.

What is “fair use”?  The term refers to a set of exceptions whereby someone can use copyrighted material without permission.  There are a lot of misconceptions about what one can use without permission, especially if it’s found on the internet.

What are the four criteria?

1.  What are you doing with the copyrighted material?  Is your use transformative?

2. What is the nature of the copyrighted material?  Fictional and non-fictional material are gauged slightly differently.

3.  Is the amount of the copyrighted material used in your creation reasonable?  That is, do you use only what is necessary to make your point and no more?

4. Will your use impact the market for the original copyrighted material?

Want to know how these criteria apply to common scenarios involving video?  Watch the video: