Is it fair use if I use a very tiny portion?

[breakaway]

For example, I was planning on doing this video where I get like 1 or 2 seconds from a couple of different movies and edit them into my video. Would it be considered fair use on the basis that it is such a small portion?

 

[Zigner]

For example, I was planning on doing this video where I get like 1 or 2 seconds from a couple of different movies and edit them into my video. Would it be considered fair use on the basis that it is such a small portion?

No, the quantity of the work that you use does not define infringement.

 

[divgradcurl]

For example, I was planning on doing this video where I get like 1 or 2 seconds from a couple of different movies and edit them into my video. Would it be considered fair use on the basis that it is such a small portion?

Maybe. But the amount of use is only one of the 4 factors considered. You need to consider all of the fair use factors and weigh them to determine whether or not a use is fair or not.

 

[breakaway]

Thanks.

Looking at the 4 factors, I think it is fair.

The purpose and character: it is a free video and I'm not making money off of it, so i win
The nature of the copyrighted work: i lose this one
The amount and substantiality: i win this one
The effect of the use upon the potential market: it is not a substitute and doesn't harm them, so I think I also win this one

3-1

 

[divgradcurl]

Well, as long as you are comfortable with it.

When I said "look at the four facts," maybe I should have been more clear -- look at the four factors in light of current caselaw. The caselaw makes it clear that the four factors are not always weighted equally, that "effect on the market" is probably the most important factor, and has a lot of sub-factors, including whether or not the copyright holder might want to enter the market that the potentially infringing work is in. You might want to start with the Wikipedia page on fair use, then read up on the cases cited in the article, to help better inform your decision.

 

[The Occultist]

Also, keep in mind Fair Use is a defense in court which may or may not work out (depending on the judge's verdict); it is not a magical set of words that prevents lawsuits against you.