Q: Is posting book excerpts on TikTok with commentary considered fair use?
I'm a social studies teacher interested in using TikTok to share my passion for history. I plan to post excerpts from a nonfiction, historical book (which is under copyright) along with my personal commentary, takeaways, and connections to related historical facts. My TikTok account is not monetized, and I don't seek to gain followers or profits. I'll be posting a paragraph worth of excerpts with added educational commentary. Despite trying, I was unable to contact the author for permission. My intention is to inform the public, similar to how I engage my students in class. Given these circumstances, would my actions infringe on copyright, or would they be considered fair use for educational purposes?
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A:
Your use of book excerpts on TikTok, paired with your educational commentary and historical connections, likely qualifies as fair use. Fair use is assessed based on factors such as the purpose of your content, how much of the work you share, and the impact on the market value of the original material.
Since your intent is educational, non-commercial, and aims to engage the public with historical knowledge, this supports your claim to fair use. Additionally, limiting excerpts to only a paragraph at a time, especially when combined with significant original analysis or commentary, also strengthens your position.
However, always be cautious: even educational use doesn't guarantee fair use protection in every scenario. To further minimize any risk, clearly attribute the book and author, use excerpts sparingly, and ensure your commentary remains prominent in comparison to the quoted content. Following these guidelines thoughtfully will help protect you while allowing you to passionately share history on your TikTok account.
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