Q: Is fair use subject to interpretation regardless of facts?

If I record a full cover (track and vocal) of a popular song, and release it on social media with no compensation, no expectation of compensation, no request for monetary support, strictly for the purpose of exhibition, entertainment, and to receive interaction (comments and/or likes) from viewers, does this not constitute fair use? In my estimation, it is comparable to performing the same song in a karaoke setting to a live audience for no other expectation than applause. Am I incorrect?

1 Lawyer Answer
Liliana Di Nola-Baron
Liliana Di Nola-Baron
Answered
  • Intellectual Property Lawyer
  • Washington, DC

A: You should consult an attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.