How long an a reddit video be
And even if you establish fair use and the court rules in your favor, lawsuits are expensive. If you illegally downloaded a song, that by itself is infringement even before you sample it. Is your use likely to harm or undercut the market for the copyright holder's work?Īlso, keep in mind that you can only invoke the fair use defense if you obtained the copyrighted work legally.
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Was only a small portion of the copyrighted work used? Note that this is only one factor considered, and there is no specific rule about how much use is fair use. The amount of the original work that was used.Is the work used more creative and thus more closely related to copyright law's purpose of protecting creative expression? Or is it more factual and technical and thereby less susceptible to a variety of forms of expression? What use are you making of the copyrighted work? Nonprofit, noncommercial use is more likely to be considered fair than if you are looking to profit. Courts decide fair use cases on a case by case basis, after considering four factors: And because the doctrine provides a defense to a claim of copyright infringement, you would bear the burden in a lawsuit to prove that your use was fair. Unfortunately, there are no specific rules about what constitutes fair use. Sampling a snippet of someone else's song in your own work, however, would probably not be considered commentary, criticism, or parody. A song parody that relies on putting unique words to a familiar melody might also count as fair use. For example, when a literary critic quotes portions of a novel in reviewing the book or a music critic plays a segment of a song for purposes of discussing it, that would be fair use. This legal principle derives from the idea that the public should be able to reproduce portions of copyrighted work for purposes of commentary and criticism. Using someone else's copyrighted work without permission is allowed only if that use falls within the fair use doctrine of copyright law. Your use of copyrighted material, however limited, violates the law unless it falls under the fair use exception or you obtain permission from the copyright holder. Even a few seconds of a song can constitute illegal infringement, subjecting you to liability for damages. If you plan to sample someone else's work in your own, there is no magic sample length that protects you from a lawsuit. Copyright protects the creators of artistic works from having their creations copied or stolen by others.