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Reply #14: You may have a decent Fair Use argument there... [View All]

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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-15-10 10:58 AM
Response to Reply #10
14. You may have a decent Fair Use argument there...
The following is the test courts use. I would imagine the non-profit nature of your work and the effect on the potential market arguments would factor strongly.

I might suggest interspersing the music with pauses or voice-overs to make it less likely somebody could "rip" a good copy of the song from your video.



§ 107. Limitations on exclusive rights: Fair use40

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such 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

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
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