Seattle, WA asked in Copyright for Washington

Q: Can I legally make money from educational videos that quote another person's research?

I want to make an educational tiktok/youtube series about the history of classical music. Over the course of the series, I would be pulling quotes from many sources.

If some of the individual videos covered info only from a single author, would a court likely consider this fair use? Example script: "According to this fancy professor, Wagner blah blah blah blahed. [insert quote here]. Follow me for more fun facts."

What if I want to use a small snippet of a recorded piece of music for commentary or analysis? A photo of some old composer? Thanks.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: When creating educational videos, you may be able to use quotes from other people's research under the doctrine of fair use. However, this is not guaranteed, especially if your video focuses primarily on one source. Courts consider several factors, such as the purpose of your use, the amount of the material used, and the effect on the market value of the original work.

If you're quoting small portions of research for commentary, criticism, or education, this might lean toward fair use. However, if you heavily rely on a single author or don't add enough of your original analysis, it could be seen as infringing.

Using small snippets of music or photos could also fall under fair use, especially if they are used for commentary or analysis. But be careful, as music and images often have more stringent protections, and the context of your use will be critical. Always consider consulting with a legal expert to assess your specific situation.

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