Question: Which of the following is a factor when U.S. courts analyze fair use?
- Name of the original creator included on screen
- Addition of a link to original content in the metadata
- Inclusion of a disclaimer to the subsequent use
- Purpose and character of the use
Explanation
Fair use is evaluated through legal factors rather than simple attribution or disclaimers. One key U.S. factor is the purpose and character of the use, including whether the use is transformative. This factor considers whether the new use adds new meaning, commentary, criticism, or another distinct purpose. YouTube guidance explains that fair use decisions are case-specific and cannot be determined by automatic rules.
Why the other options are incorrect
Original creator name is incorrect because attribution alone does not determine fair use.
Metadata link is incorrect because linking to the source does not create a fair use basis.
Disclaimer is incorrect because a disclaimer does not replace the legal fair use analysis.
Source for verification
https://support.google.com/youtube/answer/9783148
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