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What is Fair Use?

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Fair Use

Fair use is basically a defense for the accused against a claim of copyright infringement. If your use qualifies as fair, aka fair use, then it would not be considered in violation. The fundamentals behind copyright protects the development of knowledge and creativity; like free speech, lawmakers wanted fair use to have an expansive meaning that can be open to interpretation.

Many instances of a fair use pass over copyright protected material includes but is not limited to: commentaries, criticisms, and parodies; there are many other examples when one can claim fair use, but these are the most common. The underlying rationale of this exception (fair use) is that the public reaps benefits from your review/commentary/criticism/lecture etc., which is enhanced by including a portion of the copyrighted material.

Fair use serves as a vehicle for the first amendment (USA) by exempting from liability certain uses of a copyrighted work; fair use enables the distribution of new ideas and forms of expression to the public.

Legally, fair use is a grey-area when it comes to commercial use. The existing inconsistencies in the application of the fair use doctrine to commercial advertising has rendered this area of law unpredictable. Settling a copyright infringement case involving commercial advertisement assets can be very time consuming and will require substantial amounts of legal fees; in other words, you’re better off negotiating to a private consensus with the infringer unless the case involves serious allegations and has caused damage worth millions. The importance of commercial advertising to consumers and to the economy in general, needs the development of clearer standards and more consistent applications in order to determine fair cases and practices. (Fordham Law, Volume 61, Issue 3)

Types of Licensing

To the extent possible under law, StockFootage+ has waived all copyright and related or neighboring rights to most works. Use at your own discretion. If you are not sure about the permissions for a certain piece of content, leave a comment and we will get back to you shortly…. more to come soon.

Join the discussion — We’ve just opened up a new free community where you can chat with other creators, learn new techniques, find business associates, promote your work and more. Stop by and write your first post or just say hello 🙂http://www.stockfootageplus.com/community. Learn or teach everything from basics to advanced techniques and practices in Final Cut Pro, Sony Vegas, Adobe After Effects, Cinema 4D and more…

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The Creative Action Store: A Store For Content Creators

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Hey Creators! Our NEW digital store is officially ONLINE! https://www.thecreativeactionstore.com We have tons of video FX, Photo FX, Digital Downloads, Clothing and more! Happy Shopping!

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Learn about Creative Commons 3.0

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Creative Commons 3.0 is a Free Open License available to the public established under community guidelines & merit for appropriate licensing, permissions and conditions for their works. There are numerous types of Creative Commons (CC)s licenses, depending on what rights the original creator grants; “CC BY 3.0” is one of the public licenses established CreativeCommons.org .

All Creative Commons 3.0 licenses require attribution (aka credit). In general when a piece of content is licensed with CC BY 3.0, you are mostly free to reuse that content, depending on the intensity of the restrictions. Most large content sharing websites on the internet have an option available to state the licensing/copyright information in the description of the content you share and proper labeling can avoid a lot of unnecessary complications. For the most part, a Creative Commons 3.0 License grants royalty-free privilege and fair use.

Royalty free means that somebody who sources the original content does not have to pay any monetary fees associated with using the work. If the content has been created by someone else with CC BY 3.0, CC0 or PDM, most rights have been waived and the origin may have been attributed. Attribution is not always necessary. [Read below about Creative Commons Zero and Public Domain]

Simply, attribution is the crediting of the original creator or author of their work or piece of content. Depending on the context and license, attribution may or may not be required; with standard copyright and Creative Commons licenses, attribution is necessary. With a work labeled as Creative Commons Zero and/or Public Domain, attribution is not required and you are free to reuse, create, and build upon those works. you can read our article about attribution. Better known as CC0 or PDM, creative commons zero and public domain marks can be a very efficient source of value. Learn more about Creative Commons Zero and Public Domain here.

CC0, or Creative Commons Zero & PDM, Public Domain Mark is a label for content where all of the rights have been forfeited. — The person who was associated with the work has dedicated it to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law. Not limited to so that others may freely build upon, enhance and reuse the works for any purposes, even commercially without restriction under copyright or database law.

Content with other licenses, such as standard copyright license or a standard license (on media sharing websites). For example, when you upload a clip to YouTube, you grant permission/give access to allow YouTube to broadcast your video, also known as broadcasting rights. YouTube has there own official & legal license called The YouTube Standard License stating the creative permission and copyright terms of the agreement.. read more about the YouTube Standard License. Copyright & licensing is automatically applied to your original works regardless whether you file in the system or not. Registering your works in the system provide important benefits such as proof of ownership and it can help preventing further complications. We wrote an entire article about copyright & licensing.

Depending on how one decides to license their clip, users must follow the terms and conditions. A CC BY 3.0 license, for the most part, can be sourced without the need to pay royalties or ask for permission to use… attribution is still needed; this is a matter of the restrictions on what permissions are granted as there are several types of Creative Commons 3.0 licenses.

To the extent possible under law, StockFootage+ has waived all copyright and related or neighboring rights to most works. Use at your own discretion. If you are not sure about the permissions for a certain piece of content, leave a comment and we will get back to you shortly…. more to come soon.

Join the discussion — We’ve just opened up a new free community where you can chat with other creators, learn new techniques, find business associates, promote your work and more. Stop by and write your first post or just say hello http://www.stockfootageplus.com/community. Learn or teach everything from basics to advanced techniques and practices in Final Cut Pro, Sony Vegas, Adobe After Effects, Cinema 4D and more…

FOLLOW US ON SOCIAL MEDIA

Instagram – http://www.instagram.com/stockfootageplus

Twitter – http://www.twitter.com/StockFootagePls

Facebook – http://www.facebook.com/stockfootageplus

Email – [email protected]

FAQ & GENERAL QUESTIONS

http://www.stockfootageplus.com/faq

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Join Our Exclusive Facebook CREATIVE EXCHANGE!

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Did you know we’re on Facebook? In fact, we also have our own facebook exclusive private group!

Join Our Creative Exchange [FACEBOOK EXCLUSIVE GROUP!]

All creators welcome to exchange their own video clips, photos, and music for other content creators use! All media shared inside our group is ROYALTY FREE for anybody to use and create with… that means there is NO SELLING ALLOWED.

We have a few simple rules:
1) You
MUST own the content you share
2)
No hardcore promotion
3)
No selling

Any violation of the rules will result in automatic banning!

If you create something cool with somebody else’s content, feel free to share in our group for feedback!

Click here to join our Facebook Creative Exchange….

Keep truckin on 😉

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