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"The Effect"1:40 with Chris Zabriskie
And finally, there's "The effect of the use upon the potential market for or value of the copyrighted work." You might have met every other fair use requirement, but if your usage impedes on the copyright holder's ability to make money from his work, it's probably not going to be fair use.
And finally there's the effect of use upon the potential market for or value of the copyrighted work.
That full episode of "Game of Thrones"—
the fact that something like that would be on YouTube means that I wouldn't have to go and pay HBO to watch that episode, right?
That's another reason that it wouldn't be fair use.
Clips used for educational purposes don't tell me a whole story, they don't show me a whole episode.
They're being transformed, they're being used for a genuinely educational purpose.
So if you write a post on your blog and someone copies the entire post word for word and posts it on their blog,
that's not only probably not fair use, it's just unnecessary.
On the web it's pretty easy to link to other things, right?
But maybe they quote a piece of your post in a post of their own.
Well that's definitely different, and it's closer to being something like fair use.
The same thing goes if your Android app gets a review on a website and they post pictures and even video of it in action.
They're not giving the entire app away.
Just like movie critics don't include free downloads of every movie they review.
That piece of the app or that clip of the movie, that's used for a work of criticism and would probably be fine under fair use.
You just want to make sure that you think about the amount of something you use
and if that usage would hurt the creator's ability to make money off of that creation.
Snippets, clips, quotes, screenshots, all of those are going to be much better than just using the entire work verbatim
and making it so other people don't even have to go pay for it anymore.
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