A Creator’s Guide to Fair Use on Instagram and TikTok

Have you ever seen a creator post a "reaction" video, or a video essay that uses clips from movies, news broadcasts, or other creators? Have you wondered how they don't get sued or banned for copyright infringement? The answer lies in a legal doctrine called Fair Use.

What is Fair Use?

Fair Use is a U.S. legal doctrine that allows limited use of copyrighted material without acquiring permission from the rights holders. It is designed to allow for freedom of expression.

For a use to be considered "Fair," courts generally look at four factors. The most important for online creators is Transformative Use.

Transformative Use

You cannot simply download someone else's video and re-upload it. You must transform it. This means you must add new expression, meaning, or message to the original work.

• Example of Fair Use: Downloading a politician's speech and editing it to include your own critical commentary or satirical jokes.
• Example of Copyright Infringement: Downloading a funny TikTok and re-uploading it to a "Funny Memes" page to get views.

How to Source Clips for Fair Use

If you are producing a video essay, a critique, or an educational video, you need high-quality source clips. Use CoraClip to download the specific TikToks, Instagram Reels, or YouTube videos you wish to critique. CoraClip provides the raw MP4 file, allowing you to bring the footage into your editor, chop it up, and add your own transformative voiceover and analysis.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.