Documentaries often rely on prior footage to prove events. Fair use may apply when clips serve as evidence for a claim you are making. Showing a short news excerpt to verify a date or quote is different from replaying a full report.
State the claim before the clip. For example, say what it shows and why it matters. Afterward, explain its weight. This structure keeps your narrative in control, not the source's narrative.
Factual news footage gets more leeway than fictional scenes. Unpublished material is harder to justify. Check if a clip is in the public domain or has a known license before defaulting to fair use.
Sometimes clearing one key clip is cheaper than risking a takedown. Budget for clearances when the clip is central to a for-profit project.
Evidence should support your thesis, not replace it.
Cut to the exact frames that prove your point. Remove introductions, outros, or adjacent stories from the source. If you can describe the event without the clip, test whether you still need it.
Consider alternatives: maps, stills, or text may do the job with less risk. Use footage only when visuals are necessary for understanding.
Fair use can cover sharp commentary and pointed criticism, but only when new ideas outweigh the copied material taken from a published source.
Fair use is not a guess, but a balancing test based on four factors that ask how you used the work, what it was, how much, and market impact.
Fair use for reaction videos depends on how much you react, not how loud you react, with proof of new commentary tied to specific clips shown.
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