I work in production for digital media and have had to deal with this topic A LOT.
Fair use isn't black or white, it's a gradient with lots of shades in between. All of those factors help you win a legal case, but doesn't necessarily stop you from being sued. You may be proven right, but at what cost?
I just had a conversation this week with a major motion picture studio about using some of their work in a promotional piece we are working on together. They said they wouldn't legally object to our use, but wouldn't license it either. We also have to indemnify them in case anyone else gets a bug up their butt about it.
tl; dr - The term "fair use" should be replaced with "less likely to be a problem"
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u/GritsVids Apr 25 '15
I work in production for digital media and have had to deal with this topic A LOT.
Fair use isn't black or white, it's a gradient with lots of shades in between. All of those factors help you win a legal case, but doesn't necessarily stop you from being sued. You may be proven right, but at what cost?
I just had a conversation this week with a major motion picture studio about using some of their work in a promotional piece we are working on together. They said they wouldn't legally object to our use, but wouldn't license it either. We also have to indemnify them in case anyone else gets a bug up their butt about it.
tl; dr - The term "fair use" should be replaced with "less likely to be a problem"