May 29, 2023
0Fair use on YouTube
Fair use is a legal doctrine that says use of copyright-protected material under certain circumstances is allowed without permission from the copyright holder.
YouTube gets many requests to remove videos that copyright holders claim are infringing under copyright law. Sometimes these requests apply to videos that qualify for copyright exceptions or seem like clear examples of fair use.
Courts have decided that copyright holders must consider whether copyright exceptions apply before they submit a copyright removal request.
If the use of copyright-protected material in a video qualifies as a copyright exception, then the video is considered lawful and non-infringing. This is why we often ask copyright holders to think about whether copyright exceptions apply before submitting a copyright removal request to YouTube. If a copyright holder believes a video doesn't qualify for an exception, then they must provide us with an adequate explanation as to why.
If a copyright holder doesn't provide us with an adequate explanation as to why a video doesn't qualify for a copyright exception, then the video is not removed from YouTube.
Copyright exceptions around the world
While international rules about copyright exceptions are often similar, they can differ. Different countries and regions may have different rules about when it's OK to use copyright-protected material without the copyright holderโs permission.
Keep in mind that we take local rules into consideration when responding to copyright removal requests. You can view the YouTube Copyright Transparency Report for more info on how we respond to copyright removal requests, including how often we request additional explanations from copyright holders who claim a video doesn't qualify for a copyright exception.
In the United States, works of commentary, criticism, research, teaching, or news reporting may be considered fair use. In the EU, more limited exceptions are recognized and the use must fit into specific categories, such as quotation, criticism, review, caricature, parody, and pastiche. Other countries/regions have a concept called fair dealing that may work differently.
Ultimately, courts decide fair use cases according to the facts of each unique case. Youโll probably want to get legal advice from an expert before uploading videos that use copyright-protected material.