Fair use and copyright exceptions across countries
Understand U.S. fair use and why another country may apply different copyright exceptions.
U.S. fair use does not establish worldwide permission to reuse a video. Copyright exceptions and their conditions depend on the relevant law.
The U.S. framework
Under the U.S. Copyright Office’s explanation, courts consider purpose and character of use, nature of the work, amount and significance used, and market effect. The factors are considered together in context. There is no universal safe number of seconds or percentage.
European and other rules
The EU’s copyright guidance explains exceptions for uses such as quotation and parody, subject to relevant conditions. Other countries have their own exceptions; WIPO explains this variation. Do not apply a U.S. test as though it replaced those laws.
Questions before publishing
- Which laws are relevant to this use and where it is published?
- Does a license or authorization cover the intended use?
- Is the excerpt needed for the new purpose, rather than a substitute for the original?
- What permission records and source information can you retain?
Permission and disputes
A credit line, noncommercial purpose or disclaimer alone does not establish an exception. If a project depends on one, get legal advice before publishing. A platform’s automated decision is not a court’s determination of your rights.