1 00:00:00,000 --> 00:00:03,090 The purpose and character of the use. 2 00:00:03,090 --> 00:00:07,070 This means why you're using the copyrighted thing in the first place. 3 00:00:07,070 --> 00:00:11,540 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 00:00:17,280 --> 00:00:20,570 that's definitely a step in the right direction towards fair use. 7 00:00:20,570 --> 00:00:23,360 But jsut because the usage is not for profit, 8 00:00:23,360 --> 00:00:27,230 doesn't mean that it automatically qualifies for fair use. 9 00:00:27,230 --> 00:00:30,240 Your website just might be something that you run for fun 10 00:00:30,240 --> 00:00:32,229 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 00:00:35,910 --> 00:00:39,740 It's not uncommon to see descriptions of YouTube videos 13 00:00:39,740 --> 00:00:44,700 claim fair use simply because they're not making any money off that video. 14 00:00:44,700 --> 00:00:46,840 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 00:00:50,290 --> 00:00:56,620 The flip side of that is that not every for profit use isn't fair use. 17 00:00:56,620 --> 00:01:02,040 Fair use does cover educational institutions like a traditional college or like Treehouse. 18 00:01:02,040 --> 00:01:04,690 And they do charge money and they do make profits. 19 00:01:04,690 --> 00:01:08,780 Ultimately, it's not about whether you're charging money or not. 20 00:01:08,780 --> 00:01:12,020 It's about why it's being used in the first place. 21 00:01:12,020 --> 00:01:16,200 Is it being used for the education and good of the public 22 00:01:16,200 --> 00:01:19,000 for the furthering of human knowledge in the arts? 23 00:01:19,000 --> 00:01:20,590 That's what's important. 24 00:01:20,590 --> 00:01:24,810 If you upload a full episode of Game of Thrones to YouTube, 25 00:01:24,810 --> 00:01:30,110 you'd probably have a hard time convincing HBO that you're doing it for educational use. 26 00:01:30,110 --> 00:01:33,690 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 00:01:36,510 --> 00:01:39,060 and that utilizes clips of the show 29 00:01:39,060 --> 00:01:41,120 to illustrate some of the points it's making, 30 00:01:41,120 --> 00:01:43,150 that might be fair use. 31 00:01:43,150 --> 00:01:44,400 You see the difference? 32 00:01:44,400 --> 00:01:49,900 Now the purpose and the character of the use is not the only thing to consider. 33 00:01:49,900 --> 00:01:52,640 There are 3 more parts to this test.