The law recognizes that a court may consider other factors when evaluating fair use claims. The effect of the use upon the potential market for or value of the copyrighted work.The amount and substantiality of the portion used in relation to the copyrighted work as a whole.The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.It sets out the factors a court should consider in deciding whether someone’s use of the copyrighted work amounted to a “fair use” of it. What circumstances constitute fair use of copyrighted material is found in section 107 of the Copyright Act. The fair use exception is probably one of the most frequently litigated defenses in copyright infringement litigation. The “Fair use” exception is a legal doctrine that allows someone to use copyright-protected works without the copyright owner’s permission in certain limited circumstances. “Fair Use” Exception under the Copyrights Act Use of the copyrighted work is done under the protection of the “ fair use” exception.The copyright owner gave permission to another person to use the copyrighted work, or.In summary, only the copyright owner may reproduce or prepare work that is derivative of the original work unless: Display the owner’s copyrighted pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, in public.Perform publicly the owner’s copyrighted literary, musical, dramatic, and choreographic works, pantomimes, motion pictures, and other audiovisual works in public, in person or by audio/visual transmission.Distribute copies or phono records of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending.Create other work derived from the owner’s copyrighted work.Reproduce the copyrighted work in copies or phono records.The Copyrights Act gives the copyright owner the exclusive rights to engage in any of the following activities: The Copyrights Act provides legal protection for “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” A YouTube video is clearly protected by the Copyright Act to the same degree as video and audio recordings created for television, cinema, radio, or other device. The Copyrights Act Protects Videos on YouTube If the creator of the video uses anyone else’s musical material, photography, performance, or any other original work without the creator’s permission, the YouTube poster or creator is probably violating the Copyrights Act. When someone posts a video to YouTube with background music or clips of video footage filmed by someone else, copyrights are directly implicated. They do not realize that posting a video or media on YouTube also affects copyrights. Many people think copyright infringement occurs only when someone plagiarizes someone’s written work or music. The Growth of Copyright Infringement Issues with the Use of YouTube The copyright owner has the exclusive right to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. The creator has the exclusive right to determine whether, and under what conditions, this original work may be used by others. Copyrights are intellectual property rights that protect the creator of an original work of authorship.
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