Fair use, in plain English.

What fair use is, and what it is not.

Fair use is a U.S. copyright doctrine codified at 17 U.S.C. § 107. It is a defense against infringement, meaning it does not give you the right to use someone else’s copyrighted work; it gives you a legal argument that, if a court agrees, excuses what would otherwise be infringement.

Fair use is decided case-by-case by weighing four factors. There is no checklist that guarantees a fair-use win, and there are no “safe” rules like “30 seconds is fine” or “attribution makes it OK.” Both of those are myths.

The four factors.

1. The purpose and character of the use

Courts ask: was the use transformative? A use is transformative when it adds new expression, meaning, or message, not merely repackaging. Commentary, criticism, parody, and education tend toward transformative; pure reposting tends away from it.

Commercial use weighs slightly against fair use, but it is not disqualifying. Many transformative commercial uses (e.g., commentary by a paid YouTuber) are still fair.

Plain question: Did your use add something new, or did you just re-publish the original?

2. The nature of the copyrighted work

Courts give more fair-use latitude when the original is factual (a news clip) and less when it is highly creative (a feature film or scripted music video). Unpublished works also get more protection than published ones.

Plain question: Was the original highly creative or more factual?

3. The amount and substantiality used

Both quantity and quality matter. Using a small portion of a long work weighs toward fair use, but using even a small portion that is the “heart” of the work weighs against it.

In video, this is often the most contested factor. Reposting a 15-second clip that contains the climactic moment of a 60-second video is closer to substantial than reposting a 30-second clip from a 10-minute background scene.

Plain question: Did you use only what you needed, or did you take the best part?

4. Effect on the market for the original

Does your use harm the original creator’s ability to monetize their work? If your repost serves as a substitute for the original, this factor weighs against fair use. If your use occupies a different market (commentary, parody, news reporting), it weighs in favor.

Plain question: Would viewers go to your version instead of the original?

Common myths.

• “30 seconds is always fair use.” False. There is no statutory or common-law length cutoff. Some courts have ruled against fair use for clips of just a few seconds.
• “Attribution makes it fair use.” False. Crediting the original creator does not, by itself, change the analysis.
• “It was on social media so it is public domain.” False. Posting to social media does not waive copyright.
• “I made no money so it is fine.” Mostly false. Non-commercial use weighs slightly toward fair use but is not dispositive.
• “I added a watermark / overlay so it is mine.” False. Adding your branding to someone else’s work is not transformation.

What courts actually look at.

The Ninth Circuit’s 2015 decision in Lenz v. Universal Music Corp., 815 F.3d 1145, established that copyright owners must consider fair use before issuing a takedown notice. That is why Verights runs every material claim through a good-faith fair-use consideration by our team before any notice goes out.

If you believe your use qualifies as fair use, the most direct path to assert it is through a formal § 512(g) counter-notification with the platform, not through a Review Request in our portal. Review Request statements are not protected by Federal Rule of Evidence 408 and may be used in subsequent proceedings.

What to do if you got a notice.

If you believe your use is fair use:

1. Read the notice and locate the claim reference number.
2. Review the underlying claim in our portal at claims.verights.com.
3. If the use is genuinely transformative and the four factors weigh in your favor, consider filing a § 512(g) counter-notification with the platform. See our counter-notification guide.
4. For any substantive case, consult an independent copyright attorney before filing. A counter-notification consents to federal-court jurisdiction.

Limitations of this guide.

This is an educational resource, not legal advice. Fair use is fact-specific and the outcome depends on circumstances we cannot predict from a website. If a specific dispute matters to you, retain independent copyright counsel.