What are not examples of fair use?

Asked by: Dr. Emery Fisher DDS  |  Last update: February 26, 2026
Score: 4.8/5 (17 votes)

Not examples of fair use include using large chunks or entire works (especially creative ones like novels, music, or films), creating substitutes that harm the market for the original (like hosting a bestseller online), using "consumable" materials (workbooks, tests) extensively, commercial or entertainment uses that aren't transformative, and using the "heart" or most significant part of a work, even if small, for non-educational purposes without permission, according to the University of Colorado Boulder, Penn State University, the University of North Texas (UNT), and the University System of Georgia.

What is not considered fair use?

Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.

What are some examples of fair use?

Purposes mentioned in the statute: Using a work for any of the purposes mentioned in the statute, “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research,” weighs in favor of fair use.

What are the four fair use exceptions to copyright?

Fair use of copyrighted works, as stated in US copyright law, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

What factors are not considered when determining fair use?

It does not extend to any ideas, systems, or factual information conveyed in the work. The safest course is always to get permission from the copyright owner before using copyrighted material.

BEST-Kept SECRETS to FAIR USE on YouTube | Media Lawyer Explains

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What are the 4 factors of fair use?

The four factors of fair use are: (1) the purpose and character of the use (e.g., transformative, educational vs. commercial), (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used, and (4) the effect of the use on the potential market for the original work; these factors are weighed together on a case-by-case basis to determine if a use falls under fair use.
 

Can you use copyrighted images under fair use?

Fair Use - Most teaching- and paper-writing uses of images fall under the famous “fair use” provision (single use for scholarly purposes). Basically, fair use allows academics to use even copyrighted materials a single time to a limited audience without securing the permission of the copyright holder.

How can you legally determine if something is fair use?

What is the test for fair use?

  1. the purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and.

Can I use 7 seconds of a copyrighted song?

No, there's no magical "7-second rule"; using any portion of a copyrighted song, even just a few notes or seconds, is technically infringement unless you have permission or it qualifies as fair use (which is a legal defense, not a right). While shorter clips are less likely to be automatically flagged by systems like YouTube's Content ID (which can detect as little as 3 seconds), the copyright holder can still find it and issue a claim or takedown, especially for longer clips or commercial uses. 

What is subject to fair use?

Fair use is a legal doctrine that allows the use of limited portions of copyrighted material under certain circumstances without getting permission from the copyright owner or paying any license fees. Fair use applies to all types of works, including text, images, video, and music.

Can I monetize content under fair use?

Be Mindful of Monetization

Using copyrighted content in monetized videos can weaken a fair use claim. If your video generates revenue while incorporating copyrighted material, the commercial nature of the use may be weighed against you in a legal dispute.

Which of the following is prohibited under fair use?

Making a single copy of an article is prohibited under fair use.

Are YouTube videos fair use?

While YouTube can't decide on fair use or mediate copyright disputes, fair use can still exist on YouTube. If you believe that your video falls under fair use, you can defend your position through the Content ID dispute process.

What are the three exceptions to copyright?

You generally need to obtain a license (i.e., explicit written permission) to use a third party's copyrighted material. There are three major exceptions to this rule: (1) the face-to-face instruction exception, (2) the online instruction exception (also known as the TEACH Act), and (3) the fair use exception.

Can you use a song after 20 years?

Yes, you can use a song after 20 years, but it depends on whether its copyright has expired; most modern songs remain protected for life of the author plus 70 years, but older songs (pre-1978) might be entering the public domain, allowing free use, though you still need a license for specific recordings or new performances. After 20 years, you'll likely still need permission (a license) to use popular songs, but some older, obscure works might become free to use (public domain). 

How many seconds of clips can I use to avoid a copyright claim?

Some creators assume they can use a few seconds of copyrighted videos or songs without an issue, but this isn't true. YouTube's Content ID system is designed to detect even short clips of copyrighted material, and using 5 seconds of copyrighted content can still result in a copyright claim or even a copyright strike.

What is the 3 minute rule in music?

The "3-minute rule" in music refers to the traditional length of hit pop songs, rooted in the physical limitations of early vinyl records (78 rpm) and the commercial needs of radio for ad space, creating a standard ~3-minute format that became ingrained in listener expectations and songwriting structure, though modern technology allows for longer tracks. This convention encouraged concise, catchy songs with clear hooks and verse-chorus structures that fit the format, influencing artists for decades.
 

What is the 30 second rule on YouTube?

The "30-second rule on YouTube" refers to two key concepts: first, the crucial first 30 seconds of a video to hook viewers, as YouTube counts a view after this mark; and second, a content editing guideline where something engaging, like a visual change or new topic, should happen at least every 30 seconds to maintain audience interest and prevent them from clicking away. It's about grabbing attention immediately and continuously refreshing the content to match short attention spans, ensuring viewers stay engaged long enough for a meaningful view and to improve watch time, a key factor for the YouTube algorithm. 

What is not allowed under fair use?

Reproduction of copyrighted materials, trademarks, or other protected materials without express written permission from the material's owner. Usage of materials that enjoy protected status under current intellectual property laws in their own publications.

What are the 4 conditions of fair use?

The four factors of fair use are: (1) the purpose and character of the use (e.g., transformative, educational vs. commercial), (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used, and (4) the effect of the use on the potential market for the original work; these factors are weighed together on a case-by-case basis to determine if a use falls under fair use.
 

How many words can you quote without permission?

There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work.

What images can I use without permission?

You can use images without permission if they are in the public domain, released under a permissive Creative Commons (CC) license, generated by AI, or if your use qualifies as fair use (like for criticism, news, or education), but the safest bet is using sites like Unsplash, Pixabay, and Pexels for royalty-free stock photos. Always check the specific license or terms for any image, even on free sites, as conditions can vary. 

Who decides what is fair use?

For the issue of fair use, the Seventh Amendment dictates that the jury should decide. The Seventh Amendment guarantees a right to a jury where an issue would have been heard by English common-law courts in 1791.

How much do I have to change an image to avoid copyright?

There's no defined amount that makes it ok. The law doesn't say anything like "it has to be more than 10%" or anything like that. Ultimately, if you get sued, it's up to your lawyer to try to defend in court that what you did was transformative enough and not just an unauthorized derivative work.