How Copyright Works: Fair Use Copyright Law | Berklee Online

In this video, Berklee Online course author Dr. E. Michael Harrington explores what “fair use” means. Basically, when you quote someone, or take material that is not yours and use it in your writing, you must cite the source. It’s more complicated than that however. Harrington details the ins and outs of fair use in songwriting.

About E. Michael Harrington:
Dr. E. Michael Harrington is a professor in music copyright and intellectual property matters. He has lectured at many law schools, organizations, and music conferences throughout North America, including Harvard Law, George Washington University Law, Hollywood Bar Association, Texas Bar, Minnesota Bar, Houston Law Center, Brooklyn Law, BC Law, Loyola Law, NYU, McGill, Eastman, Emory, the Experience Music Project, Future of Music Coalition, Pop Montreal, and others. He has worked as a consultant and expert witness in hundreds of music copyright matters including efforts to return "We Shall Overcome" and "This Land Is Your Land" to the public domain, and has worked with director Steven Spielberg, producer Mark Burnett, the Dixie Chicks, Steve Perry, Busta Rhymes, Samsung, Keith Urban, HBO, T-Pain, T. I., Snoop Dogg, Collin Raye, Tupac Shakur, Lady Gaga, George Clinton, Mariah Carey, and others. He sits on the editorial board of the Journal of Popular Culture, advisory board of the Future of Music Coalition and the Creators Freedom Project, and is a member of Leadership Music. Michael has been interviewed by the New York Times, CNN, Bloomberg Law, Wall Street Journal, Time, Huffington Post, Billboard, USA Today, Rolling Stone, Money Magazine, Investor's Business Daily, People Magazine, Life Magazine, and Washington Post, in addition to BRAVO, PBS, ABC News, NBC's "Today Show," the Biography Channel, NPR, CBC and others. He teaches Music Business Capstone and Music Licensing courses at Berklee Online, and is the course author and instructor for Music Business Law, part of the curriculum for Berklee Online’s Master of Art in Music Business degree.

About Berklee Online:
Berklee Online is the continuing education division of Berklee College of Music, delivering online access to Berklee's acclaimed curriculum from anywhere in the world, offering online courses, certificate programs, and degree programs. Contact an Academic Advisor today:
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Copyright Law | E. Michael Harrington | Fair Use | Music Business | Berklee Online | Berklee College of Music | Music Business Law

[LanceoftheNoe]

I didn't know Anthony Hopkins knew so much about copyright law.

[whenearthspeaks]

Thank you for these guidelines! I think the most important things are #1 not profiting off another's work and #2 attribution. I'm glad Fair Use is a thing so on a personal level we can talk about creative works we appreciate. I know exploits happen, so I'm also glad the law protects creators of original work. This was a great video to see the lines that should not be crossed.

[LearnSpecialEnglish]

Thank you. Is taking one-minute of a movie, and teach students some words to earn money? Is it a copyright violation?

[allanvelasco]

Can I create a course to teach English using a tv series ? It would be transformative but I would use most of it

[claudenickerson]

Allegedly, the word “share” on the YouTube video. Can copyright and “share” coexist?

[marshalmiller]

Can you talk about the laws about sampling audio from movies and tv shows in your music

[DrFreeman-]

Bold, brilliant, creative, educational, and inspirational

[loving]

Can I use a company logo on a knit hat for personal use? Not to sell or distribute to anyone.

[dancewithmyshadows]

There’s a poem that’s been passed down orally in my family for four generations. My great grandfather picked it up from someone, we don’t know the person’s name. I’ve never seen it written anywhere, but I’ve memorized it. I’m an author and I’m working on a historical fiction about my dad’s life. I’d love to be able to include the poem and attribute it to “author unknown” but I don’t want to do anything unethical. Since there’s no record of it anywhere (been searching for it for years), would it be ok to reproduce it within a larger original work?

[keeteaches]

5 factors to consider if you are testing a situation for fair use:
1. What is the point of your use? (Educational, for profit, etc.)
2. What is the material you're copying? (Fact or Fiction)
3. What is the amount you're taking and what is the substantiality of it?
4. What is the effect on the market? (Does it hurt or help the original creator?)
5. Does your copy add transformative value?

[juuman]

so It's okay If I ask the for permission from the record label and the creator?

[waleedtube]

Hi glad to be here ...I have questions ? how about if I do video about the top 10 songs all the time and explain why in each one and play 10-30 second of every one as my choice top 10 .do I have to get copyright thanks

[boyszkie]

This video answered lot of my questions. Thank you sir.
Subscribing 😎👍

[sevenblessed]

They need to update the laws to fit our society today since most of the internet in infringing on copyright materials.

[dmprdctns]

What about if your characters, which are tightly based upon previously copyrighted characters and their props/wardrobe, but with some changes to them, are meant to educate about a factual event and with possible profit, via a Youtube donations button?

[flgator]

Hey so how about closing an existing business website and changing the writing content somewhat into my own words and changing the colors a bit but keeping the layout of the website pretty similar that of the one copied your inted to the same business in another state? Great video, thanks again.

[jimbow]

Hello your video has given me the opportunity the make the book I'm writing a lot more interesting. I want to write about musicians and composers but I find that the photos I can legally use in Wikipedia aren't as good as a photo off of that person's website. Do you think it would be excusable if I were to credit the website since I'm really bringing public attention to that artists official presentation of themselves. For example the photo of Alison Balsom in Wikipedia is extremely unflattering, but shes an exceptionally attractive person so I want to use a photo from her website or should I display the cover of one of her CDs? Is a CD cover public domain or an excusable copy of a person's work. I hope your not too bizzy to answer this enquiry.

[iamweronika]

I am planning to do a Udemy course to teach Polish language, with bits of different series and songs in it, for education. Explaining the words and phrases. Would that be a copyright?

[etinowik]

if I use the drums as the sample and 4 seconds chorus voice just at the beginning. but the whole song is written by me and it's actually a rap song, so there is no melody to copy. can I upload that to Spotify"? how can I ask for permission I don't care if I don't make money with it. thanks.

[Majesty_Lord]

I'd like to use in-game screenshots(without permission) for my videos and it's all about promoting the game where i took the screenshots from, is that under fair use or no?