Fair Use for Commentary and Criticism in Video Scripts
Fair use can cover sharp commentary and pointed criticism, but only when new ideas outweigh the copied material taken from a published source.
The third fair use factor looks at amount and substantiality. No rule gives five seconds. Instead, test necessity: what is the least you can show to prove your point?
For a plot twist, the setup may be long. For a single line, one shot is enough. Start from zero and add frames only when narration requires them.
Sometimes the most famous moment is also the least necessary. Using the climax of a film to make a minor point weighs against you, even if it is short. The heart of a work carries more weight than its total length.
Consider substitutes. A still image, a text quote, or a cropped shot may show what you need without the full impact of that moment.
Smaller is safer, but only if it still makes your point.
Plan cuts in your GoScript timeline. For each borrowed clip, write its in and out points with a reason. If you cannot write a reason in one line, you likely need to cut more.
Resist padding. Do not extend a clip to fill silence. Fill silence with your own words or cut the section entirely.
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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