this post was submitted on 14 Apr 2026
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Like using music from a video game/film in a video that isn't published on the internet, or using it as a ringtone in phones, or using voice lines from a video game as notification sounds. (There are a lot of other uses that I won't mention here)

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[–] FiniteBanjo@feddit.online 14 points 3 days ago (15 children)

In the USA there is a fair use doctrine/clause to copyright laws which excludes noncommercial works. This also stems from the English common law's fair dealings doctrine.

17 U.S. Code § 107 - Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
(Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2546; Pub. L. 101–650, title VI, § 607, Dec. 1, 1990, 104 Stat. 5132; Pub. L. 102–492, Oct. 24, 1992, 106 Stat. 3145.)

That said, Judges generally have the final say and have decided cases wildly differently from each other in either direction in the past on what is and is not copyright infringement.

[–] Aatube@piefed.social 1 points 3 days ago (2 children)

The examples mentioned are definitely not fair use

[–] tmyakal@infosec.pub 3 points 3 days ago (2 children)

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

Pretty sure these two lines cover most of the examples OP mentioned. Using a sound effect or VO line from a videogame for noncommercial means is both a tiny portion of the totality of the work, and will likely have no effect on the market or value for that work.

[–] Aatube@piefed.social 0 points 2 days ago* (last edited 2 days ago) (1 children)

As @finitebanjo@feddit.online quoted, fair use only applies

for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research

Of the four criteria for fair use, the first one is pretty much that it should be one of those purposes. (https://www.copyright.gov/fair-use/#%3A%7E%3Atext=Courts+look+at+how+the+party+claiming+fair+use+is+using+the+copyrighted+work%2C+and+are+more+likely+to+find+that+nonprofit+educational+and+noncommercial+uses+are+fair. details these criteria. The first criterion also includes favoring saying that really transformative and creative use is fair use hence sometimes sampling doesn't need permission.) IANAL but this is what we see in case law and case law doesn't seem to support a noncommercial personal use exemption, even if undistributed. (to answer OP's question, it's technically illegal but nobody gets sued for it because 1. nobody knows if you don't punish your crime 2. lawyers cost money so why bother such a PR scandal)

Here's a good Tom Scott video covering the allowed purposes: https://www.youtube.com/watch?v=1Jwo5qc78QU

Ringtones and notifications are different because they are legal public performance of something still copyrighted: https://www.eff.org/deeplinks/2009/10/court-rules-phones-ringing-public-dont-infringe-co

[–] FiniteBanjo@feddit.online 0 points 2 days ago* (last edited 2 days ago) (1 children)

FALSE, THIS USER ABOVE IS LYING.

ALL TYPES OF NONCOMMERCIAL USE CAN ALSO BE FAIR USE. (Until the judge says otherwise and it doesn't get overruled).

[–] Aatube@piefed.social 1 points 2 days ago* (last edited 2 days ago) (1 children)

https://www.copyright.gov/fair-use/#%3A%7E%3Atext=Courts+look+at+how+the+party+claiming+fair+use+is+using+the+copyrighted+work%2C+and+are+more+likely+to+find+that+nonprofit+educational+and+noncommercial+uses+are+fair :

This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair;

Edit:

Until the judge says otherwise

Well, yeah, according to the criteria I've detailed with sources above.

[–] FiniteBanjo@feddit.online 1 points 2 days ago* (last edited 2 days ago) (1 children)

Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below.

On its own, a noncommercial use is fair use, unless other factors get in the way of that. I will ammend my previous comment to be less absolute.

[–] Aatube@piefed.social 0 points 2 days ago (1 children)

Your phrasing sounds like fair use is the default case for non-commercial when really it just makes it "more likely" legal. The most obvious example is Hachette v. Internet Archive. US copyright is so pro-business that you never know until the gavel is down.

[–] FiniteBanjo@feddit.online 1 points 2 days ago (1 children)

Well obviously printing copies for free is illegal, thats just how antipiracy laws work, but the courts clearly stated even in that link that if IA had made sure the print to copy ratio was 1:1 or that notable changes to make it considerably transformative then it would have been fair use.

[–] Aatube@piefed.social 1 points 2 days ago (1 children)

Then your criteria isn't "noncommercial but "noncommercial and transformative" ("the first factor, the purpose and character of the use, disfavored fair use because although the use was noncommercial, it was also not transformative"), which OP's examples aren't. Using film music for your videos isn't transformative. Law doesn't have a "I didn't distribute my video" exception either unless that's how the music was licensed to you.

[–] FiniteBanjo@feddit.online 1 points 2 days ago (1 children)

Fair Use at its core requires you are creating something and not making copies. Its an integral part of the conversation. Therefor it is heavily implied.

[–] Aatube@piefed.social 1 points 2 days ago* (last edited 2 days ago) (1 children)

Thus it doesn't apply to OP's examples, that is my point.

(FWIW you can make a copy of a copyrighted image to extensively critique it as long as the copy is not unreasonably detailed.)

[–] FiniteBanjo@feddit.online 1 points 2 days ago (1 children)

The critique itself is the new content, and the copyrighted image is an accessory to that.

[–] Aatube@piefed.social 0 points 1 day ago

Only if you do separate them and do not distribute the copyrighted image.

also by editing it, it's no longer the original work. there is a lot of Grey area around the concepts of sampling.

otherwise all speech recorded intentionally or unintentionally would violate such.

[–] FiniteBanjo@feddit.online 2 points 3 days ago

The post title includes "non-commercial".

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