Fair Use needs to be more predictable.
Here is a quick list of 5 items that should be considered “fair use” under the copyright laws. This should be codified as a “Fair Use Bill of Rights.” Let me know your thoughts, if you agree, disagree, or would add other things:
- Any third-party clip that is used for less than 5 seconds is fair game (ex. using a short 5-second audio or video clip, sound effect, music clip, etc.) regardless of the purpose.
- Any photo can be used if the content creator is either using it to (a) help tell the story or (b) commenting on the photo in some form or fashion.
- A content creator cannot use a third party’s content more than TWICE in any one film or creation. But if two or less, this is fair dealing.
- Both parody and satire should qualify for fair use protection
- Any content that is reasonably believed to be over 100 years old so be fair use, even if that belief is wrong.