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Copyright Basics

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"The Purpose"

1:53 with Wilt Chaimberlain

"The purpose and character of the use" is the first part of the fair use test. This covers why you'd be using the copyrighted work without permission in the first place.

The purpose and character of the use. 0:00
This means why you're using the copyrighted thing in the first place. 0:03
What's the point, why are you taking this copyrighted thing, whatever it is, 0:07
and using it without the author's permission? 0:11
Now if you're not making money on whatever you're doing with it, 0:13
that's definitely a step in the right direction towards fair use. 0:17
But jsut because the usage is not for profit, 0:20
doesn't mean that it automatically qualifies for fair use. 0:23
Your website just might be something that you run for fun 0:27
and that you don't make any money off of. 0:30
But that doesn't mean you can put jstu any photograph you can find on the Internet there. 0:32
It's not uncommon to see descriptions of YouTube videos 0:35
claim fair use simply because they're not making any money off that video. 0:39
Now they may not be making any money, 0:44
but that doesn't automatically mean that it's fair use. 0:46
The flip side of that is that not every for profit use isn't fair use. 0:50
Fair use does cover educational institutions like a traditional college or like Treehouse. 0:56
And they do charge money and they do make profits. 1:02
Ultimately, it's not about whether you're charging money or not. 1:04
It's about why it's being used in the first place. 1:08
Is it being used for the education and good of the public 1:12
for the furthering of human knowledge in the arts? 1:16
That's what's important. 1:19
If you upload a full episode of Game of Thrones to YouTube, 1:20
you'd probably have a hard time convincing HBO that you're doing it for educational use. 1:24
However, a YouTube video that studies the use of language 1:30
and the creation of new languages for the TV show, 1:33
and that utilizes clips of the show 1:36
to illustrate some of the points it's making, 1:39
that might be fair use. 1:41
You see the difference? 1:43
Now the purpose and the character of the use is not the only thing to consider. 1:44
There are 3 more parts to this test. 1:49