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:

  1. 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.
  2. 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.
  3. 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.
  4. Both parody and satire should qualify for fair use protection
  5. Any content that is reasonably believed to be over 100 years old so be fair use, even if that belief is wrong.
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Steve Vondran

Steve Vondran is an intellectual property lawyer with offices in San Francisco, Newport Beach, San Diego and Santa Monica California and is the Founder and CEO of the Copyright Policy Institute (“CPi”).  He is a software and copyright infringement lawyer with a thriving…

Steve Vondran is an intellectual property lawyer with offices in San Francisco, Newport Beach, San Diego and Santa Monica California and is the Founder and CEO of the Copyright Policy Institute (“CPi”).  He is a software and copyright infringement lawyer with a thriving legal practice handling copyright infringement dealing with jewelry, films, videos, photographs, software, and other copyrighted content.