Fair Use in News Reporting

Fair use is a doctrine that is used to encourage criticism and commentary of copyrighted works. It is based on the concept that one should be free to use portions of copyrighted materials without asking permission from the copyright owner. It is an equitable principle that is frequently used as a defense by those sued for copyright infringement. ¹

The four factors which generally determines fair use. ²

• Purpose and character of use
• Nature of the copyrighted work
• The amount
• The effect on the market

Understanding the Fair Use factors for Reporters

Copyright law bestows certain exclusive rights on creators. For example, under 17 U.S. Code § 106, copyright holders have the exclusive right to reproduce their work, create derivative works, and perform the work publicly. But these exclusive rights are not absolute. The doctrine of fair use creates important exceptions. ³

The Center for Media and Social Impact has created one of the most authoritative articles on the fair use factors. There Set of Principles should be read by all broadcasters and especially reporters. The downloadable PDF makes a great reference document to keep at hand. ⁴

When Can You Use News Clips in Your Blog?

Always review the above four issues regarding fair use with your lawyer, but it is generally understood if the originator of the news clips offers embed capabilities either direct or indirect through such services as YouTube.com, it most likely falls under the fair use copyright law. Make sure it satisfies those factors.

Once you find the original copyright owner, follow the Center for Media and Social Impact’s Code of Best Practices in Fair Use for One Video document. The document gives some specific examples which will probably help your decision.

Interesting Articles about Fair Use Lawsuits

TVEyes encounters problems with Fair Use and Fox News. In a previous lawsuit, Fox News sued TVEyes for selling news. ⁵

Very interesting, well researched article, about using news clips in documentary film-making and videos. ⁶

1. The American Bar Association, Pierre Vudrag, April 5, 2019 – Fair Use in News and Reviews
2. Copyright.gov, March 2019 – More Information on Fair Use
3. The Nolo Network, Attorney Richard Stim – The ‘Fair Use’ Rule: When Use of Copyrighted Material Is Acceptable – In some situations, you may use another person or entity’s copyrighted work without asking permission.
4. The Center for Media and Social Impact, Peter Jaszi, Professor of Law, American University Washington College of Law; Pat Aufderheide, Co-Director, Center for Media & Social Impact, American University – Set of Principles in Fair Use for Journalism
5. Ad Week, A.J. Katz, September 12, 2018 – TVEyes Is Taking Its Fight Against Fox News to the Supreme Court
6. Indie Wire, Orly Ravid, July 9, 2015 – 8 Legal Tips for Documentary Filmmakers