Recognize what makes an image suitable for business messages
Understand when to use an image and when text is better
Understand how to legally obtain images for your business communications
Fair Use
Fair use is a concept that allows you to use a creator’s work without permission. This applies to written works, such as those you read while conducting research for an academic assignment. However, it also applies to visual images.
Let’s consider the factors that need to be analyzed:
Purpose and Character of the Use: If the use is transformative, meaning it adds new expression, meaning, or message, it is more likely to be considered fair use. Commentary is an example of a transformative use. If the YouTubers’ commentary significantly transforms the original content by adding new insights, critique, or educational value, it would favor fair use.
Nature of the Copyrighted Work: Uses of factual works are more likely to be considered fair use than uses of highly creative works. Music is typically creative, which might weigh against fair use. However, transformative commentary can offset this factor.
Amount and Substantiality of the Portion Used: Using smaller portions of the original work, especially those that are not the “heart” of the work, favors fair use. If the YouTuber uses only short clips of the song rather than the entire work, this factor might favor fair use.
Effect on the Market for the Original Work: If the new work does not negatively impact the market for the original work or if it serves a different market, it is more likely to be considered fair use. The commentary in this YouTube video is most likely not a substitute for the original music and does not reduce its market value. This factor would favor fair use.