The Smart Passive Income Online Business and Blogging Podcast

SPI 703: How to Legally (and Genuinely) Use Other People's Content in Your Own

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Aug 2, 2023
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INSIGHT

Fair Use Is A Defense, Not Protection

  • Fair use is a legal defense, not a shield that prevents disputes or lawsuits.
  • Even winning a fair use case can cost hundreds of thousands of dollars in legal fees.
ADVICE

Apply The Four-Factor Fair Use Test

  • Use the four-factor fair use test to evaluate clips: purpose, nature, amount, and market effect.
  • Consider proportion of the work used and whether your use transforms rather than substitutes the original.
INSIGHT

Commentary Transforms Clips Into New Works

  • Commentary that intersperses clips can transform the original and support fair use.
  • Chopping an episode with added analysis usually doesn't substitute for the original viewing experience.
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