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The purpose and character of the use.

2
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This  means why you're using the copyrighted thing in the first place.

3
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What's the point, why are you taking this copyrighted thing, whatever it is,

4
00:00:11,540 --> 00:00:13,700
and using it without the author's permission?

5
00:00:13,700 --> 00:00:17,280
Now if you're not making money on whatever you're doing with it,

6
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that's definitely a step in the right direction towards fair use.

7
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But jsut because the usage is not for profit,

8
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doesn't mean that it automatically qualifies for fair use.

9
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Your website just might be something that you run for fun

10
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and that you don't make any money off of.

11
00:00:32,229 --> 00:00:35,910
But that doesn't mean you can put jstu any photograph you can find on the Internet there.

12
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It's not uncommon to see descriptions of YouTube videos

13
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claim fair use simply because they're not making any money off that video.

14
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Now they may not be making any money,

15
00:00:46,840 --> 00:00:50,290
but that doesn't automatically mean that it's fair use.

16
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The flip side of that is that not every for profit use isn't fair use.

17
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Fair use does cover educational institutions like a traditional college or like Treehouse.

18
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And they do charge money and they do make profits.

19
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Ultimately, it's not about whether you're charging money or not.

20
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It's about why it's being used in the first place.

21
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Is it being used for the education and good of the public

22
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for the furthering of human knowledge in the arts?

23
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That's what's important.

24
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If you upload a full episode of Game of Thrones to YouTube,

25
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you'd probably have a hard time convincing HBO that you're doing it for educational use.

26
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However, a YouTube video that studies the use of language

27
00:01:33,690 --> 00:01:36,510
and the creation of new languages for the TV show,

28
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and that utilizes clips of the show

29
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to illustrate some of the points it's making,

30
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that might be fair use.

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You see the difference?

32
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Now the purpose and the character of the use is not the only thing to consider.

33
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There are 3 more parts to this test.