Are there any exceptions? Can I use third-party content without permission?

Yes, there are certain exceptions that apply to the use of copyrighted content without taking authorisation/ permission/ license. These exceptions are subjective in nature and need to be reviewed on a case-to-case basis.

• Copyright Exceptions

• Fair Use

• De Minimis

• Public Domain

Fair Use Exception

The Copyright law provides certain specific circumstances in which the fair use doctrine becomes applicable, such as the use of some work for the purposes of:

• Private or personal use

• Research work

• Criticism or review

• Reporting of current events and current affairs

De Minimis Exception

De Minimis Exception refers to using a very small amount of somebody else’s content in your work that may be considered trivial. The exception was developed with a view to prevent people from initiating litigations on trivial violations and inundating the courts.

Work in Public Domain

Works for which the term of copyright has expired are considered to be in the public domain and can be used without any restrictions.

Fair Use and De Minimis Exceptions do not prevent the copyright owner from taking legal action against the violator, but rather it can be used as a defence when a claim has been made. It should be kept in mind that legal interpretation of these exceptions can vary drastically, and action should not be taken, hoping that one will be able to take refuge under these exceptions. These exceptions also do not apply if the content is being created for commercial and promotional use. To be clear, uploading video on YouTube only for monetisation would amount to commercial use.

The law and the legal precedents are settled on this position – if any Third-Party Content is used without permission for the creation of content for commercial purposes, such usage will amount to infringement of copyright.

Our recommendation would be to use the content that is your original creation and if Third Party Content is to be utilised, then (i) seek relevant permissions (in the form of consent/licenses), and (ii) give credit, provide source URL. You could also consider using the content available in the public domain, i.e., content for which copyright has expired.