Fair use laws. (u.s variant.)
They give some limited legal permission to use copyrighted content without permission. But what exactly do they mean and how do you know if your actual use case applies for that fair use protection.
There are four general factors.
1. purpose and character
a. transformative use: potentially remixes, mashups memes could apply here.
b. Educational, research, criticism, news reporting, and parody are strongly favored legally. I could legally post an image of anything copyrighted if I'm reporting on something, commentating, or making some type of statement.
2. Nature of the Copyrighted Work
This looks at the original work itself.
Using material from factual works (like biographies, news articles, or scientific papers) is likely to be considered fair use than using material from highly creative works (like fictional movies, novels, poems, or music).
However, you can reduce the risks by cropping and using a smaller ammountof the content in question.
3. Amount and Substantiality of the Portion Used
This examines how much of the original work you took.
a. Quantity: Using a tiny snippet (like a few seconds of a video) is more likely to be fair use than using the entire thing. This could also apply to cropping out portions of an original image.
b. Quality ("Heart of the Work"): Even if you only take a small piece, if that piece is the most memorable, important, or central part of the work, this factor can weigh against fair use legally.
4. Effect of the Use Upon the Potential Market
This looks at the financial impact on the original creator.
If your use is a direct substitute for the original work—meaning people would buy or watch your version instead of purchasing the original—it is rarely considered #fairuse
in most cases you need more then one factor to be on your side. Aim for as many as you can. #copyright #dmca