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Fair use is a legal doctrine that says use of copyright-protected material under certain circumstances is allowed without permission from the copyright holder.
YouTube gets many requests to remove videos that copyright holders claim are infringing under copyright law. Sometimes these requests apply to videos that qualify for copyright exceptions or seem like clear examples of fair use.
If the use of copyright-protected material in a video qualifies as a copyright exception, then the video is considered lawful and non-infringing. This is why we often ask copyright holders to think about whether copyright exceptions apply before submitting a copyright removal request to YouTube. If a copyright holder believes a video doesn't qualify for an exception, then they must provide us with an adequate explanation as to why.
While international rules about copyright exceptions are often similar, they can differ. Different countries and regions may have different rules about when it's OK to use copyright-protected material without the copyright holder’s permission.
In the United States, works of commentary, criticism, research, teaching, or news reporting may be considered fair use. In the EU, more limited exceptions are recognized and the use must fit into specific categories, such as quotation, criticism, review, caricature, parody, and pastiche. Other countries/regions have a concept called fair dealing that may work differently.
Ultimately, courts decide fair use cases according to the facts of each unique case. You’ll probably want to get legal advice from an expert before uploading videos that use copyright-protected material.
In rare cases, we’ve asked YouTube creators to join an initiative that protects some examples of “fair use” on YouTube from copyright removal requests. Through this initiative, YouTube indemnifies creators whose fair use videos have been subject to removal requests for up to $1 million of legal costs in the event the removal results in a copyright infringement lawsuit.
The goal of this initiative is to make sure these creators have a chance to protect their work. It also aims to improve the creative world by educating on both the importance and limits of fair use. Because of the variation in the rules governing such uses by different countries/regions, as described above, we're only able to offer this initiative to creators living in the United States who agree to have their videos are only available in the United States.