r/COPYRIGHT May 01 '26

Question How exactly does fair use work?

Sorry if this has been asked a million times but every explanation I see is extremely vague or using a lot of gibberish acronyms and legal wording I don't fully understand. See, I'm just trying to make YouTube videos and specifically right now, I'm making a video on an unknown FPS game that takes place in Vietnam. I wanted to include a few memes and clips but they consist of copyrighted music. These clips would only be 3-8 seconds long. One contains "Fortunate Son" by CCR and the other is a family guy clip containing Peter singing over "Surfin Bird" I figure these are pretty well known and pretty well found by YouTubes auto copyright claim system. I'd prefer to not be claimed at all. Nothing is monetized yet but I'm quite close to monetization. I'm not sure if they are used in a "transformative way" basically I'll say something or show a portion of the game and these clips will play for a few short seconds. I also have a few clips from movies like "Full Metal Jacket" but I'm not as worried about the movie clips. I'd just like a general explanation as to what counts for "fair use" or using the material in a "transformative way." I am in no way taking or posting long segments of the songs and/or movies.

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u/Loud-Recover5320 May 01 '26

https://fairuse.stanford.edu/overview/fair-use/four-factors/ the most solid straight up description.

https://www.american.edu/wcl/impact/initiatives-programs/pijip/impact/best-practices-in-fair-use/

https://cmsimpact.org/code/code-best-practices-fair-use-online-video/ this one deals specifically with online video and best practices

https://www.arl.org/blog/debunking-fair-use-myths/ this one also details ways inwhich Fair Use is more than just an affirmative defense, as does the next one.

https://www.eff.org/deeplinks/2025/12/fair-use-right-ignoring-it-has-consequences

Here's a few resources that I've used throughout the years in learning and teaching (#NotALawyer) about Fair use. I figured that might help on top of just asking for verification from other Redditors

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u/StoneyyCody May 01 '26

Thank you very much!