Houston, TX asked in Copyright, Constitutional Law, Entertainment / Sports and Intellectual Property for Texas

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.

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