Fair use allows limited use of copyrighted material without permission for purposes like criticism, commentary, news reporting, teaching, scholarship, and research, balancing creators' rights with public access, determined by four factors: purpose/character of use (transformative/commercial?), nature of the work, amount used, and market impact, though it's a defense, not a right, and only a court can definitively decide if a use is fair.
Fair use permits a party to use a copyrighted work without the copyright owner's permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
There is zero amount of copyrighted material you can use without potentially getting claimed or struck. Anything below 7 - 10 seconds won't trigger a flag automatically, but it can still be discovered by the copyright holder. “Fair use law” isn't a thing.
Fair dealing only applies to certain purposes: Research or study. Criticism or review. Access by a person with a disability.
Fair Use Length Guidelines
Up to 250 words. Entire article, story, or essay. Up to 10% or 1,000 words, whichever is fewer, but can use at least 500 words.
Consider these four factors when making a fair use claim:
10 tips to avoid copyright infringement
Giving credit to the owner of a copyrighted work won't by itself turn a non-transformative copy of their material into fair use. Phrases like “all rights go to the author” and “I do not own” don't automatically mean you're making fair use of that material.
There are four primary components of a copyright disclaimer:
In English law, the concept of fair use is more accurately termed “fair dealing.” Fair dealing allows individuals to use copyrighted material for specific purposes, provided such use is considered fair, reasonable, and falls within the permissible acts defined by law.
The "3-minute rule" in music refers to the traditional length of popular songs, rooted in the technical limitations of early 78 rpm records that could only hold about three minutes per side. This convention persisted due to radio's preference for shorter songs to fit more ads and programming, though modern streaming has also seen shorter tracks for repeat plays, while some artists break the mold with longer epics.
The "15 Second" or "8 Bar" Rule
The reality is that there is no legal protection in copyright law for these types of use. If you use a piece of a composition or sound recording that is copyrighted, you will need a license.
The "30-second rule" on YouTube refers to the critical first moments of a video, where creators must hook viewers within about 30 seconds to get them to keep watching, as YouTube registers meaningful engagement after this mark, impacting visibility and watch time. It's a key focus for audience retention, with strategies involving dynamic editing (B-roll, angles), emotional hooks, and clear value propositions, but it's distinct from copyright myths about using 30-second music clips.
Work is creative: Using a creative work weighs against fair use, because the strength of copyright is greater for creative works at the core of copyright protection, such as novels, paintings, and songs.
Exceeding the Fair Usage amount can incur additional charges and it can result in reduced speeds.
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.
Gave credit to the copyright owner. Included a disclaimer that you didn't intend to infringe copyright. Didn't intend to profit from it. Modified the work or added your own original material to it.
No copyright infringement is intended. I do not own nor claim to own the rights to any of the [type of content] shared.
Sample Fair Use Statement
For example: This document contains copyrighted material, the use of which has not been specifically authorized by the copyright owner. I have determined this to be "fair use" of the copyrighted material as referenced and provided for in section 107 of the US Copyright Law.
Generally, to use the sound recordings or musical works of another artist, you must: Use a work that is already in the public domain. Get permission from the copyright holder directly, or license the work according to the terms set by the licensing contract.
What is Fair Use? It is not an infringement of copyright if works used fall under the "fair use" exception of copyright law. Fair use extends to the reproduction of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship or research.
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. Whether a particular use qualifies as fair use depends on all the circumstances. See, Fair Use Index, and Circular 21, Reproductions of Copyrighted Works by Educators and Librarians.
The question is how much of the prior work that is copied. This can be answered by comparing the two works, and if a reasonable observer could find similarities in the works, that are not trivial, abstract or related to noncopyrightable material, courts will conclude that there is actionable infringement.
The top 5 ways people break copyright law are: using found images, copying website text, using music without a licence, selling products with copyrighted designs, and downloading unlicensed digital assets.
What does copyright protect? Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.