---
title: 'Fair Use - Copyright on YouTube'
source: 'https://youtube.com/watch?v=1PvjRIkwIl8'
video_id: '1PvjRIkwIl8'
date: 2026-08-05
duration_sec: 312
---

# Fair Use - Copyright on YouTube

> Source: [Fair Use - Copyright on YouTube](https://youtube.com/watch?v=1PvjRIkwIl8)

## Summary

This video from YouTube's Creator channel explains the concept of Fair Use in copyright law, clarifying that it is an exception determined by courts, not by YouTube. It outlines the factors judges consider, debunks common myths, and advises creators on how to handle Content ID claims.

### Key Points

- **Introduction to Fair Use** [00:02] — Fair Use allows reuse of copyrighted material without permission under certain circumstances. It is an exception to copyright law and is not determined by YouTube.
- **International Differences** [00:31] — Different countries have different rules; some don't call it Fair Use. Courts focus on whether new expression or meaning was added to the original work.
- **Examples of Fair Use** [00:58] — In the US, commentary, criticism, and news reporting may be considered Fair Use. Disclaimers like 'no infringement intended' do not guarantee Fair Use.
- **How Fair Use is Determined** [01:27] — In the US, only a judge in court can determine Fair Use. Factors include whether the use adds new expression, uses factual vs. fictional material, borrows a small portion, and does not harm the owner's profit.
- **No Guarantee of Fair Use** [02:11] — There is no guarantee of Fair Use even if you don't monetize or use a small portion. Courts look at everything holistically; there is always risk.
- **Myth: Minimum Time for Fair Use** [02:39] — There is no minimum amount of time that automatically qualifies as Fair Use. Even a few seconds of a song can be infringing.
- **YouTube's Tools for Claims** [03:21] — YouTube provides tools to identify and remove or swap claimed music with copyright-safe tracks. Claimants must add timestamps to claims.
- **Content ID and Fair Use** [04:00] — Automated systems like Content ID cannot determine Fair Use; only a court can. Creators should avoid relying on Fair Use and be prepared to defend their position.
- **Counter-Notification Process** [04:41] — Counter-notification is a powerful step that forces a thoughtful review from the claimant, but it should not be taken lightly.

### Conclusion

Fair Use is a complex legal doctrine that requires careful consideration of multiple factors. Creators should understand that it is not a blanket protection and should seek legal advice when in doubt.

## Transcript

Hi, I'm Sari, here to answer your copyright questions. COPYRIGHT. FAIR USE. Fair Use allows you to reuse copyright-protected material
under certain circumstances without getting permission from the copyright owner. Fair Use is an exception to copyright law and is not determined by YouTube. YouTube does not decide what is Fair Use, and what isn't.
Different countries have different rules about when it's okay to use material In some countries, it's not even called Fair Use.
Aside from what your country calls it, courts usually focus on whether your use of another person's song or video Basically, they're asking if you added new expression or meaning to the original work
For example, in the US, content that might be considered Fair Use includes commentary, criticism, or news reporting. Also, keep in mind that just because you say something is Fair Use,
or add a disclaimer like "no infringement intended," How is Fair Use determined by law? Determining Fair Use is never a cut-and-dry process.
In the US, Fair Use can only be determined in court by a judge. The judge will look at your case overall based on a few different factors. You're less likely to qualify for Fair Use
if your video merely copies someone else's and adds nothing else. If you're using fictional copyrighted material rather than factual material. If you borrowed a large amount of material rather than a small portion.
Or, if your use of the material harms the copyright owner's ability to profit So, all of these are helpful factors to consider when thinking about Fair Use.
But, also keep in mind there is no guarantee that you'll qualify for Fair Use For example, just because you don't monetize your video or if you only use a small portion of the copyrighted material,
Again, the courts look at everything holistically and there's always a risk involved when using someone else's copyrighted work. Think carefully about all of these factors and get legal advice if needed.
How is that not abuse? One of the biggest myths about Fair Use is that there's a minimum amount of time But despite what some people might think,
that is automatically protected under Fair Use. for songs that only sampled a few seconds of someone else's work.
even a few seconds You have the right to argue Fair Use whether the use of someone else's content is protected under Fair Use.
to remove claim content whenever possible That's why we've built tools to help you easily identify the content
and remove or swap out claimed music with copyright-safe tracks We're also now requiring claimants to add timestamps to these claims so you know exactly which piece of your video is being claimed.
so that when you remove the content manually claimed in your video restoring monetization to your video if you were previously monetizing.
keep getting claimed by Content ID? Automated systems like Content ID can't determine Fair Use that can only be made by a court.
and automated systems like Content ID can't account for Fair Use If you're a creator, you should avoid relying on Fair Use
and you're prepared to defend your position and potentially the counter-notification process. This isn't a decision that should be taken lightly
But it is the most powerful step you can take and will force the most thoughtful review from the claimant. Check out more info in our Help Center, linked in the description below.
And be sure to check out the other videos in our copyright series YOUTUBE CREATORS CHANNEL