Question: You see a video on YouTube that includes short clips from a copyrighted work. How can you evaluate whether fair use (or fair dealing) applies?
- Compare the video to other ones on the uploader’s channel.
- Submit the video to the automated system for evaluation.
- Consider the criteria for fair use (or fair dealing), including whether the video is a parody or critique with social value.
- Calculate the percentage of copyrighted content to make sure it’s less than 25%.
Explanation
Fair use and fair dealing are copyright exceptions that require a case-by-case review. Relevant factors can include purpose, character, amount used, and effect on the market for the copyrighted work. Uses such as parody, critique, commentary, teaching, or news reporting may be considered, depending on the legal context. YouTube’s automated systems cannot determine whether a specific use qualifies for an exception.
Why the other options are incorrect
Uploader’s channel is incorrect because other videos on the channel do not determine whether this use qualifies as fair use or fair dealing.
Automated system is incorrect because Content ID cannot decide copyright exceptions.
Percentage test is incorrect because there is no fixed percentage that automatically makes copyrighted use fair.
Source for verification
https://support.google.com/youtube/answer/9783148
https://support.google.com/youtube/answer/2797466
The answer(s) to the question is highlighted in the BOLD text above. You can also find more questions and answers related to the exams on the "YouTube Content Ownership" page.