Fair Use Principles for User Generated Video Content

Standards endorsed by the Electronic Frontier Foundation and other public interest groups such as the Berkman Center for Internet and Society at Harvard Law School.
Some statements worth considering:
(1) "..where copyrighted materials are employed for purposes of comment, criticism, reporting, parody, satire, or scholarship, or as the raw material for other kinds of creative and transformative works, the resulting work will likely fall within the bounds of fair use"
(2) but fair use is not enough: independently thereof, uses that are "noncommercial, creative, and transformative in nature should not be pursued.
(3) automated content identification technologies (“filters”) to monitor their systems for potential copyright infringements should incorporate protections for fair use
(4) filtering technologies should establish three conditions before taking down or blocking content:
- the video track matches the video track of a copyrighted work submitted by a content owner;
- the audio track matches the audio track of that same copyrighted work; and
- nearly the entirety (e.g, 90% or more) of the challenged content is comprised
of a single copyrighted work (i.e., a “ratio test”).
(5) Moreover, "Human creators should be afforded the opportunity to dispute the conclusions of automated filters.

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