Freehold, NJ asked in Copyright and Intellectual Property for New Jersey

Q: Can you get hit with a copyright infringement for whats sent in a groupchat? What about what you show people in person?

I’m a YouTuber and I’m curious what is fair use and what isn’t.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It is possible to be hit with a copyright infringement claim for sharing copyrighted material in a group chat or showing it to people in person without permission. Fair use is a legal doctrine that allows for limited use of copyrighted material without the owner's permission for specific purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. The determination of whether a particular use qualifies as fair use depends on several factors, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use on the potential market for or value of the copyrighted work. It is important to note that fair use is a legal defense and not a right, and the determination of whether a particular use is fair use is often fact-specific and can be complex. As a YouTuber, it is important to be aware of copyright laws and to obtain permission or a license for any copyrighted material you wish to use in your videos.

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