What Types of Content Can Be Used Under Fair Use? (2/15)

KAISER 1 month ago

When creators first learn about Fair Use, one of the biggest questions that comes up is, “What kind of content can I actually use legally?” It’s a fair question, because the internet is full of creative work: music, movies, memes, articles, art, streaming clips, gameplay footage, podcasts, and social media posts. But just because something is online does not mean it’s free to use. Copyright applies the moment someone creates something, even if it’s never registered or published officially.

However, Fair Use allows creators to use parts of copyrighted work in specific contexts, when the purpose aligns with education, commentary, critique, analysis, news reporting, research, or parody. This means you can use existing material — but only when you use it in ways that add new meaning, context, insight, or transformation to the original.

This is where many misunderstandings happen. Fair Use doesn’t say that anything can be used. Instead, it focuses on how you use it and why. You’re not just “borrowing content,” you’re reworking it into something meaningfully different. And if you’re not adding something new, the law usually sees it as copying, not transformation.

So let’s break down the major types of content that can be used under Fair Use when handled correctly — along with what makes their use valid, transformative, and legally safer for creators.

Using Video Clips Under Fair Use

Creators often use video clips from:

Movies
TV shows
Documentaries
News footage
YouTube videos
Livestream archives
Event recordings
Interviews
Sports broadcasts

But here’s the key: You cannot simply re-upload or show clips without adding something significant.

For example:

Posting a movie or TV scene with no commentary is not Fair Use.
Editing together “best moments” or “funny clips” is not Fair Use.
Uploading a full stream replay of someone else’s gameplay is not Fair Use.

What makes video usage Fair Use is meaningful transformation. That usually means:

Critique
Commentary
Explanation
Breakdown
Context discussion
Analysis of storytelling or meaning

If your voice, interpretation, or new perspective is the focus — not the original footage — you’re moving toward Fair Use.

A creator who pauses a clip, explains the narrative choices, compares scenes, offers cultural analysis, or uses the clip to support a point is adding new value that did not exist in the original.

Using Music Under Fair Use

Music is one of the most tightly protected forms of creative work. Reposting music tracks, uploading full albums, using copyrighted songs in backgrounds, or playing full songs in reaction videos is almost never Fair Use because it does not transform the original.

However, music can be used under Fair Use when the use:

Comments on the music itself
Reviews performance, lyrics, production, or mixing
Analyzes composition, genre, or cultural impact
Teaches concepts such as music theory or rhythm
Compares musical styles or influences

For example:

A music producer explaining chord progressions in a hit song may be protected.
A creator discussing the cultural effect of a song’s message may be protected.
A vocal coach dissecting vocal styling or layering may be protected.

But simply reacting emotionally to a music video without speaking or analyzing is usually not transformative, meaning not protected.

Creators who want to use music safely often use:

Short, necessary clips only
Lower volume
Pausing frequently
Direct commentary while the clip is playing

The more instructional or analytical the content, the safer it tends to be.

Using Images, Artwork, and Photography

This includes:

Art
Digital illustrations
Fan art
Photography
Logos and branding
Website images
Social media graphics

Many creators assume images are “free” just because they are online — but they’re not. Images are copyrighted even if the owner doesn’t mention copyright, and even if the image appears on a platform like Pinterest or Google Images.

However, images can be used under Fair Use when:

They are used to teach something (for example, explaining visual symbolism)
They are reviewed or critiqued (such as analyzing artistic technique)
They are used within parody or satire
They are transformed significantly in a new composition or visual narrative

For example:

A video essay analyzing the visual themes of an album cover would likely be Fair Use.
A graphic designer reviewing the evolution of a brand’s logo could claim Fair Use.
A creator using a copyrighted character to create parody fan art may be protected.

But simply reposting an artwork on your profile without commentary or transformation is not Fair Use — it’s reproduction.

Using Text, Articles, Books, and Written Works

Written material is protected the same way as any other creative form. This includes:

Books
Articles
Blog posts
Essays
Screenplays
News reports
Journal entries
E-books
Online content

Copying large amounts of text word-for-word is never Fair Use. However, discussing, analyzing, summarizing, interpreting, reviewing, or critiquing written content can be Fair Use.

For example:

A creator can summarize chapters to explain key ideas in a self-help book.
A historian can analyze the meaning of a historical speech.
A reviewer can quote sentences to demonstrate tone or writing style.

The key is that the creator must be adding their own interpretive value, not simply giving the audience access to the original material.

Using Gameplay Footage

Gameplay is a special category because many game publishers actively allow creators to use gameplay footage as long as they are adding commentary, education, or personality-driven entertainment.

Still, Fair Use for gameplay typically requires:

Voice commentary
Live perspective or reactions
Explanation of strategy
Comparative discussion
Storytelling or narrative reflection

Uploading full unedited gameplay without commentary can be considered reproduction of the game experience, and may not be protected depending on the developer’s public licensing stance.

However:

Let’s Play videos
Strategy breakdowns
Character-building guides
Lore analysis
Music and storytelling breakdowns in games

…all lean more strongly into transformative use.

Using Memes, GIFs, and Internet Humor

This category has grown rapidly because digital culture spreads through remixing. Memes are often inherently transformative, since humor, irony, and social commentary are built into their use. GIFs are similar, often used to express emotion or reference shared cultural moments.

Most meme and GIF usage tends to fall under:

Commentary
Satire
Social reinterpretation
Cultural remix

This means they are often protected by Fair Use — but not always. If the meme or GIF is used as-is, with no new meaning, it may not be transformative. But if it is used to comment on a topic, explain an idea, or contribute humor, it is far more likely to be protected.

Using Public Domain and Creative Commons Works

This is where creators get the most freedom.

Public domain works are free to use by anyone. These are creative works whose copyright has expired or was never eligible. Classic literature, old films, traditional music, and certain government documents often fall in this category.

Creative Commons works can be used, but only according to the specific license: