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Copyright Basics

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Fair Use in the Real World

2:32 with Wilt Chaimberlain

All right, so we understand fair use a lot better now. What next? Is fair use ever going to be something you need to worry about?

Remember that the information in this video series is purely for educational purposes. If you have any questions or concerns about your specific situation regarding fair use or any other copyright-related topic, please contact a lawyer.

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    Okay, I know fair use is sort of a vague concept, 0:00
    but it's intended to be. 0:03
    There's no simple checklist for any sort of usage of stuff that's still under copyright. 0:05
    Every situation is totally different. 0:10
    If you're concerned about a specific situation of your own, definitely talk to a lawyer. 0:13
    But ultimately fair use isn't anything more than a defense. 0:18
    It isn't something you sign up for and get approval for. 0:23
    It's really only a legal defense if the copyright holder takes you to court. 0:27
    Even if your lawyer tells you in advance that "sure whatever you're doing is probably fair use", 0:32
    if that case ever got taken to court, the judge might disagree. 0:37
    So what does this mean for you? 0:42
    Well for starters, no matter what sort of artist you are— 0:44
    web designer, musician, anything— 0:47
    you should probably just get the idea of anything you do falling under fair use out of your head. 0:49
    Not because you should be scared of getting sued or fined, that's really way more rare than you think it is. 0:55
    But unless you're specifically creating educational content and following each of those guidelines, 1:01
    don't plan on incorporating anyone else's work into your own unless you've properly licensed it. 1:07
    If you license whatever you're using, you don't have to worry about fair use at all. 1:13
    We're going to talk more about licensing in just a moment. 1:18
    But never assume that just because you're not planning on making any money from that website you're building 1:21
    or because your iPhone app is free 1:27
    that doesn't mean that you're going to be able to claim fair use 1:29
    when the owner of those stock photos or icons or whatever else you're using contacts you demanding payment. 1:32
    But fair use also means that you should be prepared for your original creative work, no matter what it is, 1:39
    to potentially be used in educational settings or news stories or whatever it might be. 1:46
    Just because someone didn't get your permission, didn't license what you made, 1:52
    it doesn't automatically make their usage of it infringing. 1:57
    They might genuinely be using what you've created fairly and for educational use. 2:01
    Understanding fair use, as much as anyone can understand it, is an important part of creating art of any kind. 2:07
    So remember those four requirements: 2:14
    the purpose of the use, 2:17
    the nature of the work, 2:19
    the amount used, 2:21
    and the effect of the use. 2:23
    Purpose, nature, amount, effect. 2:26
    Fair use. [double thumbs up] 2:30

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