As a creator, you probably also use snippets of others’ content – maybe a meme, a song clip, or footage. It’s vital to do this legally to avoid takedowns or lawsuits.
Fair Use (US) / Fair Dealing (other countries): This is a legal doctrine that allows limited use of copyrighted material without permission under certain circumstances. Common examples: commentary, criticism, news reporting, teaching, or parody. For instance, a movie reviewer can show short clips of a film they’re reviewing – that can be fair use because it’s commentary/criticism. Or a YouTuber might use a 5-second clip from a song to make a meme with a twist – possibly falls under parody or commentary.
Fair use is not a blanket free pass. Courts consider factors like: - Purpose and character: Using it for commentary/education or adding new expression (transformative use) is favored. Non-profit uses are viewed more kindly than commercial. But even commercial can be fair if it’s highly transformative. - Nature of the original: Using factual works is safer than highly creative works. - Amount and substantiality: Using smaller portions is better. Also not taking the “heart” of the work. E.g., quoting 2 lines of a song vs the whole chorus. - Effect on the market: If your use could replace the original (people watch your video instead of the original song, thus harming its sales), it’s likely not fair use.
Fair use is case-by-case and can be gray. There’s risk – platforms might not want to bother analyzing fair use and just take something down if claimed. For example, YouTube’s Content ID might flag 3 seconds of music regardless of fair use until you dispute it. So, lean on fair use only when necessary and when you clearly transform the content or use minimal needed portions.
If unsure, consider seeking permission or using licensed content: - Creative Commons (CC) Licenses: These are standardized licenses creators attach to their work to allow certain uses. For example, some CC licenses let you use the work as long as you give credit (attribution), some allow only non-commercial use, some allow you to make derivatives, etc. A lot of stock photos, music, and even videos are available under CC licenses (e.g., on sites like Wikimedia Commons, Free Music Archive, Pexels, etc.). If you use them, follow the conditions (commonly, credit the creator and link the license). CC is great because it’s pre-permission – you don’t have to ask, just abide by the terms given. - Royalty-Free Content: Many libraries offer royalty-free music, sound effects, or footage. “Royalty-free” means you pay once (or free) and can use without ongoing payments, under the library’s license terms. Check if they require attribution or have limits on usage. This is how many YouTubers get background music or B-roll video – via services like Epidemic Sound, Artlist, Storyblocks, etc. It’s worth investing in these to avoid copyright strikes. - Permission from the Creator: If you want to use a fellow creator’s content, reach out and ask. Many creators are okay with it if you credit and maybe link back. Get permission in writing (an email is fine) so you can show YouTube if needed. When in doubt, it’s better to ask than assume – one message could save a strike or a takedown. - Stock Content with Licenses: Apart from free stuff, you can buy licenses for higher quality images, video, or music (like from Adobe Stock, Getty, etc.). Ensure you read the license: some stock has restrictions (e.g., can’t use in a logo or merch, or can’t redistribute as is).
What about Trademarks and Logos? Not exactly copyright, but if you’re showing brands in your content (say you’re reviewing cameras and show the Canon logo), that’s usually fine (nominative fair use – you’re referring to the brand). Just don’t use someone’s trademark/logo in a way that suggests sponsorship when there isn’t, or slap a Nike logo on your own merch – that would be trademark infringement or create confusion.
Fan Art and Fanfiction: If you create content based on someone else’s copyrighted characters or story (like drawing Disney characters or writing a Harry Potter spin-off), technically the original owner has rights. Many tolerate fan creations especially if not for profit, but be aware they could object. Platforms sometimes remove items if companies are strict (some fan art on shirts gets taken down on Etsy due to IP claims). To be safe, creating original characters or obtaining a license if you plan to sell fan art is prudent.
In summary, assume everything is copyrighted unless stated otherwise, and either find content with a license you can use, transform it significantly, or get permission. A quick story: one creator used a 10-second popular song clip in a long commentary video – they thought it was fair use. The video got a DMCA takedown because the label didn’t care and YouTube took it down to be safe. The creator had to spend weeks fighting it. If they’d used a royalty-free track instead, no issue. So, weigh the risk vs reward of using copyrighted bits.