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Photos, Images, and Stills License
| Media Description | 1 Month License | 1 Year License | 5 Year License | 15 Year License | Unlimited Use | Exclusive Release License |
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| X-Large Photo (4288px x 2848px) | $250 | $475 | $800 | $1400 | Inquire Below | Inquire Below |
| Large Photo (3840px x 2160px) | $225 | $275 | $450 | $750 | Inquire Below | Inquire Below |
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Videos, Clips and Motion Picture License
| Video Resolution | 1 Month License | 1 Year License | 5 Year License | 15 Year License | Unlimited Use | Exclusive Rights License |
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Does My Work Qualify For Fair Use?
For inquiries regarding fair use, we recommend first consulting the U.S. Copyright Office’s Fair Use Index. If you’ve received a DMCA takedown notice or a copyright strike on platforms like YouTube, we can provide helpful resources on potential reasons your media usage may have infringed upon copyright laws.
Compilation Videos and Fair Use
A compilation video often consists of various clips, images, music, or other media, each of which can be owned by different copyright holders. When a creator uses this compilation format without properly identifying the rights holders of each individual component, they risk infringing on multiple copyrights simultaneously.
Since each component of the compilation (music, clips, etc.) is protected by copyright, using it without permission violates the rights of each of the respective copyright holders. Even if the compilation itself seems to be freely available (e.g., online), the underlying works are still protected.
Failure to perform due diligence
Failing to perform due diligence—such as not making reasonable efforts to locate and contact the owners of each individual work—can strengthen a claim of infringement, particularly if the original works are clearly owned by identifiable parties. Reference Bouchat v. Baltimore Ravens, Inc.
Statutory Damages
Copyright infringement can lead to statutory damages, which can range from $750 to $30,000 per work infringed, and up to $150,000 per work if the infringement is found to be willful.
Legal Fees
If the court rules in favor of the copyright holders, the infringer could be required to pay the copyright holders’ attorney’s fees and other litigation costs.
Fair Use Guidelines
If relying on fair use, ensure the use is transformative and doesn’t take the most important parts of the copyrighted works. Adding commentary alone may not be enough to justify fair use without significant changes in context or meaning. Combining works or adding commentary without sufficient transformation does not qualify as fair use as evident in Fox News Network, LLC v. TVEyes, Inc. (2018) and Dr. Seuss Enterprises, L.P. v. ComicMix LLC (2020).
1. Portion of work used
One of the primary reasons for a copyright violation often involves using the central or essential part of a copyrighted work, known as the “heart of the work.” This concept plays a significant role in fair use determinations, as established in legal precedents like the Harper & Rowe case and Section 107 of the U.S. Copyright Act, as explained on copyright.gov’s About Fair Use Section.
Even if only a small portion is used, if it represents the “heart” of the work, it is more likely to be found infringing. Courts consider whether the part used is the most important or revealing. Ringgold v. Black Entertainment Television, Inc.
Courts have consistently ruled that even small uses of copyrighted material can exceed fair use if they appropriate the core elements that embody the work’s essence or diminish its market value. Therefore, it’s crucial for individuals and organizations to carefully assess the extent and significance of the material used when determining whether their use qualifies as fair under copyright law.
Using a substantial portion or the entirety of a copyrighted work tends to weigh heavily against fair use, as it suggests an attempt to substitute for the original.
2. Competing keywords and market competition
The second most common reason for a copyright infringement is if the use harms the current or potential market for the original work or derivative works (such as sequels or adaptations), it strongly weighs against fair use as evident in Campbell v. Acuff-Rose Music.
This also occurs when copyrighted material is used in a way that directly competes with or substitutes the original work in a commercial or market context. Courts often consider whether the new use of the copyrighted material serves as a substitute for the original, potentially impacting its market value or commercial opportunities. Such cases underscore the importance of considering not only the amount and nature of the material used but also its potential economic impact on the original work’s market or audience.
3. What Constitutes Educational Use?
- Purpose – The purpose of the use should be for educational or other transformative purposes rather than commercial gain.
- Nature of the Work – The nature of the copyrighted work, such as whether information is factual, non-deceptive, or a creative work, influences the determination of fair use.
- Amount Used – The amount and substantiality of the portion used in relation to the copyrighted work as a whole, ensuring that the core or “heart” of the work is not used in a way that undermines the original creator’s rights or market potential.
- Effect on Market – The effect of the use on the potential market for or value of the copyrighted work.
If the use of the work is primarily for commercial gain, it is less likely to be considered fair use. Courts often view commercial use as exploitative of the copyrighted material for profit, especially when compared to non-profit or educational use as evident in Harper & Row, Publishers, Inc. v. Nation Enterprises.
Media published on platforms like YouTube, Patreon, X (formerly Twitter), Medium, personal websites, commercial websites, or any other monetizable platform does not meet the criteria for educational use under U.S. Copyright guidelines. While a video may claim educational use in its messages, description, or meta description, this indicates its prior use in an educational setting, however publishing it on a commercially viable or monetized platform requires additional licensing before publication to avoid copyright strikes, DMCA takedown, or further legal action. Republishing an educational video without proper licensing from the copyright owner constitutes a deliberate violation of copyright law, carrying fines of up to $150,000 per infringement.
4. What is a Transformative work?
A transformative edit of a video typically involves altering the original content in a way that adds new expression, meaning, or message to the work. Here are examples of edits that would not be considered transformative and could potentially lead to a copyright violation:
Simple Reposting: Uploading the original video or a substantial portion of it without adding significant new content, commentary, or critique.
Minor Alterations: Making minor edits such as changing the video speed, adding simple effects, or reordering clips without substantially changing the original meaning or purpose.
Dubbing or Subtitling: Translating or adding subtitles without providing additional commentary or context that transforms the original work.
Reposting Without Permission: Reuploading someone else’s video to another platform or channel without the creator’s permission, even if the content remains unchanged.
In contrast, edits that are transformative include adding substantial commentary (at a level beyond the current subject matter), criticism, parody, or using the original content to create a new message or expression that significantly differs from the original. Transformative edits typically serve a different purpose or audience than the original work, thereby avoiding copyright infringement by adding new value rather than merely duplicating or modifying the original content.
5. List of Factors That Weigh Against Fair Use
A. Denying credit to copyright owner or original source
Failure to attribute the original creator of the work may suggest an intent to appropriate the work unfairly, which weighs against fair use.
In Rogers v. Koons, the court ruled against artist Jeff Koons, in part because he did not credit the original creator whose work he had copied.
B. Published to the Web or Public Domain
Posting copyrighted material online or making it publicly accessible without authorization is more likely to be found infringing, especially because it can be widely distributed. A&M Records, Inc. v. Napster, Inc.
C. Long-Term Use or Repeated Use
Repeated or long-term use without permission may be seen as infringing because it demonstrates an ongoing exploitation of the copyrighted material. American Geophysical Union v. Texaco Inc
D. Reasonably Available Licensing Mechanism for Use of the Copyrighted Work
If a licensing mechanism is available and reasonable, failing to obtain a license may weigh against fair use, as it suggests an avoidance of the proper legal channels. Bridgeport Music, Inc. v. Dimension Films.
E. Replaces Sale of Copyrighted Work
If the use of the copyrighted material could act as a substitute for purchasing the original, it is more likely to be considered infringement, as it harms the market for the original. Harper & Row v. Nation Enterprises.
F. Bad-Faith Behavior
Using a work with the intent to undermine the copyright owner’s rights or with malicious motives, such as knowingly copying without permission, can be seen as acting in bad faith, tilting the scales against fair use.
G. Profiting from Use
When a user profits directly from the use of the copyrighted material, it often tilts the balance against fair use. This is tied to whether the purpose of the use is commercial or transformative.
Key Takeaways
In sum, all these factors are considered on a case-by-case basis, and no single factor is determinative. Using the “heart” of the work often weighs heavily against fair use, even if the amount taken is relatively small. This is especially true if the copied portion contains the most important or expressive aspects of the work. Courts weigh multiple considerations to determine whether the use was transformative, non-commercial, and fair, or whether it constitutes copyright infringement.
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