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Attn: Legal Dept.
If permission is granted to reproduce and distribute TVOC -owned materials and unless otherwise agreed to in writing, you may do so only for non-commercial, educational and personal uses only, provided that such materials remain unaltered and are accompanied by a
clearly visible copy of the TVOC copyright notice and by the homepage URL of the TVOC site on which the materials
were published (e.g., thevoiceofchange.info for TVOC ).
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The information contained on or provided through the TVOC properties is intended for general informational and
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properties should not act or rely on this information and should seek specific guidance directly from a qualified
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Any reference to other organizations or companies, including their Internet sites, is not an endorsement or warranty
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Associated Press (“AP”) text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten
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portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site.
AP will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or
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In addition, TVOC has implemented procedures for receiving written notification of claimed copyright infringements
and for processing such claims in accordance with the law. If you have uploaded or posted copyrighted material to
one of our sites and believe your work has been copied and is accessible through TVOC in a way that constitutes
copyright infringement, you should refer to our User Agreement for additional information on how to proceed.
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Your use of sites operated or services performed by TVOC (including its subsidiaries, “TVOC ” or “we” or “us”)
constitutes your acceptance of these terms of service, as well as the terms and conditions contained in the Privacy
Policy and guidelines.
Acceptance of Terms
This User Agreement (the “Agreement”) applies to all products and services offered by us through any of our
properties, including thevoiceofchange.info and any country-specific or foreign language versions thereof (collectively, the “Network”). In addition, when using particular
Network services, you will be subject to any guidelines or rules applicable to such services that may be posted
from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. By
using the Network, you are stating that you understand and agree to be bound by the terms and conditions of
this agreement. If you disagree with anything in this agreement, please do not use the Network. You agree
that we may change the terms and conditions of this Agreement at any time by posting such changes on the Network
and that your continued use of the Network after any such posting will constitute your acknowledgment and acceptance
of the revised terms and conditions.
To use the Network, you may not have to register to become a member (“Member”). As a Member, however, you will have
access to various services to which non-Members do not have access, some of which will enable you and other Members to interact with each other. If you would
like to register to become a Member, please complete the membership registration form for the appropriate TVOC
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are responsible for maintaining the confidentiality of any password and account and are fully responsible for all
activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of
your password or account or any other breach of security. If any information provided by you on the registration form
is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to so believe, we have the right
to suspend or terminate your membership without any right on your part for refund of any fees paid and to refuse to
provide you with any future membership. If we have reason to believe that you have registered someone other than
yourself, we will cooperate with any law enforcement investigation that may result from such misrepresentations and
shall have the right, in our sole discretion, to disclose any information you provided to us in connection with such
registration. We make a good faith effort to prohibit registration as a Member by, and will not knowingly collect or
store personal information from, children under the age of 13. In addition, please be aware that we have created
certain areas on the Network that contain adult or mature content. You must be at least 18 years of age to access
and view such areas. Access to some of the content, services and features on this Site requires users to register
using the form provided. Registration may require you to provide certain personally identifiable information, such
as your name, e-mail address, street address, gender, and date of birth. If you are under the age of 13, do not register unless your
parents have given you permission to do so. Our use of personally identifiable information is governed by the terms
of our policies. You represent that the information you have provided on the form is true, accurate, current and
complete and that you will maintain and promptly update the information to keep it so. We reserve the right to
We reserve the right at any time to charge fees for access to Network content or services or to portions of the
existing Network content or services or to the Network as a whole. In no event will you be charged for access to
any Network content or service, or to the Network as a whole, unless we obtain your prior agreement to pay such
charges. If you do not consent to such charges, however, you may not have access to paid content or services.
We reserve the right to modify or discontinue, temporarily or permanently, the Network (or any part thereof) with
or without notice. You agree that we shall not be liable to you or to any third party for any such action. We
reserve the right to modify these terms at anytime.
Following are some basic rules that apply to the Network and that you agree to follow. If you violate any of the
Network rules, or if we have reasonable grounds to so believe, we have the right, in addition to pursuing any and
all legal remedies available, to deny you access to the Network, to suspend or terminate your membership without
any right of refund to you and to refuse to provide you with any future membership. You agree not to use the Network to:
- upload, store, post, email or otherwise transmit any: (a) material that is inaccurate, unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy,
hateful, racist, bigoted or otherwise objectionable, (b) material that you do not have a right to transmit under
any applicable law or under contractual or fiduciary relationships, (c) material that infringes any patent,
trademark, trade secret, copyright or other proprietary right of any party, (d) advertising, promotional materials,
junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically
permitted, or (e) material that contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- connect in an unauthorized manner (i.e., by means other than the technology provided by us) to the community
environment we provide for use by our Members on the Network or facilitate such unauthorized connections through the
provision of software or other computer code specifically designed to allow a user to make such unauthorized
connections to our community environment;
- copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code of the technology or any other software we provide through the Network;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a
person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material
transmitted through the Network;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Network
are able to type (e.g., “flooding”), or otherwise act in a manner that negatively affects other users’ ability
to engage in real time exchanges;
- interfere with or disrupt the Network or servers, networking and computing equipment or networks
connected to the Network, or disobey any requirements, procedures, policies or regulations of networks connected
to the Network;
- initiate, facilitate, participate in or distribute a denial of service attack, exploit any documented
or undocumented vulnerability in the Network and its component networking or computing equipment, or otherwise
initiate, facilitate, or participate in any disruptive action aimed at the Network or the Internet in general;
- try to gain access to areas that are private to TVOC or to other Network users;
- violate any applicable local, state, national or international law or regulation;
- stalk or otherwise harass another;
- harm minors in any way, including, without limitation, to establish unlawful contact with minors
(whether on or off the Network);
- collect, intercept or harvest member names; collect, intercept or store personal data about other
users of the Network; or solicit or attempt to discover a user’s password, member name, or other registration
or usage information without the user’s express knowledge and consent;
- engage in or run raffles, lotteries, contests, sweepstakes or other games of chance;
- promote or provide instructions or information about how to engage in illegal conduct or commit
illegal activities or activities intended to cause disruption to the Network, promote physical harm or injury,
or promote any illegal act or act intended to cause harm or disruption to the Network or the Internet in general;
- intentionally or unintentionally violate any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government
as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
- store any information or use any Web page or directory you create, including any member profile or
posting in or to a public area, on or through the Network as storage for remote loading or as a door or signpost
to another Web page, whether inside or outside the Network.
You acknowledge that we do not pre-screen material posted or transmitted on the Network. In particular, we do not conduct background checks or otherwise
pre-screen members for felony or sex offense convictions. Please take appropriate safety measures to increase awareness of
possible risks associated with meeting someone you have met through the use of the network services. We and our designees
shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any
material submitted for display or placed on the Network, including but not limited to messages, profiles, images,
personals, and reviews. Without limiting the foregoing, we and our designees shall have the right to remove any
material that violates this Agreement, that we believe in good faith may create liability for us, or that we deem
is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material if
required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any material violates the
rights of third parties; or (d) in our sole judgment, protect the rights, property, or our personal safety, our
users and members or the public.
Our Privacy states in full our policy regarding how we handle information that we automatically collect about you
or that you choose to submit to us.
Through certain areas of the Network you may post, upload or submit material (“Submissions”) for viewing by others
or view Submissions of other users (e.g., communities, forums, personals, Member profiles, discussion rooms or video
conferencing rooms). By making a Submission, you (a) automatically grant us and our affiliates and licensees the
royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate,
publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media, or technology now known or hereafter developed, (b) permit
any other user of the Network to access, view, store, or reproduce the Submission for that user’s personal use,
and (c) represent and warrant that public posting and use of your Submission by us and our affiliates and licensees
will not infringe or violate the rights of any third party. If we post your intellectual property we do so with your permission,
you still retain rights.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the
Network, including payment and delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not
be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Network.
Our provision of a link to any non-Network site or location is for your convenience and does not signify our endorsement of such non-Network site or location or its contents. We shall not be responsible for any information, software, or links found
at any non-Network site or location, or for any transactions conducted at or through any linked non-Network site or
You agree to indemnify and hold TVOC , its licensors and any other person or entity involved in creating
or distributing the Network, as well as each of their respective parents, affiliates or subsidiaries and
their respective directors, officers, employees and agents, from and against any and all claims, liabilities,
damages, losses, costs, fees (including attorneys’ fees) and expenses that such parties may incur as a result
of or arising out of your (or, in the case of Members, anyone using your account’s) use of, or conduct with
respect to, the Network.
ALLOCATION OF RISK
You agree that the disclaimer of warranties, limitations on liability, and indemnification provisions set
forth in this agreement represent an agreed-upon allocation of risk and form an essential part of the basis of the bargain between you and TVOC ,
without which we would not enter into this agreement or provide the network.
You acknowledge and agree that all content and materials available on or through the Network are protected
by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You
may print or download one copy of the materials or content on the Network on any single computer for your
personal, non-commercial use, provided that such materials remain unaltered and are accompanied by a clearly
of any copyright or other proprietary notice appearing on such materials. Otherwise, you may not republish,
re-transmit, reproduce or otherwise use the materials or content. Systematic retrieval of data or other content
from the Network to create or compile, directly or indirectly, a collection, compilation, database or directory
without written permission from us is prohibited. In addition, use of the content or materials for any purpose
not expressly permitted in this Agreement is prohibited. Except as expressly authorized by us, you agree not to
sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit, or create derivative works from such materials or content. To obtain such authorization, contact the
TVOC legal department by mail at:
Attn: Legal Department
Removal of material for which copyright infringement is claimed
TVOC respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by
Title II of the Digital Millennium Copyright Act (the “Act”), TVOC has implemented procedures for receiving
written notification of claimed copyright infringements and for processing such claims in accordance with the
Act. If you believe your work has been copied and is accessible through the Network in a way that constitutes
copyright infringement, please fill out a Notice of Infringement Form and mail it to the following agent of
TVOC for notice of claims of copyright infringement:
The information requested by the Notice of Infringement Form substantively complies with 17 U.S.C. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication
provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit
the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party such as an
address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails
to comply substantially with the provisions above shall not be considered as providing actual knowledge or an
awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of
Infringement Form each time you wish to report alleged acts of infringement. Please note that we will, in appropriate
circumstances, terminate the account of any Member who repeatedly posts infringing material on the Network.
We do re-publish articles under the fair use act.
Choice of Law & Jurisdiction and Venue
You agree that the laws of the each respective state and the United States will apply to all matters relating
to this Agreement, as they would to agreements made and entered into entirely in United States, notwithstanding
your actual place of residence or domicile. You agree that all lawsuits arising out of or relating to this
Agreement shall be brought exclusively in the Federal or State courts located in the Texas or any other
State, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
This Agreement contains the complete and final statement of the understanding between you and TVOC with
respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous negotiations,
agreements or communications, whether written or oral, between you and us concerning the subject matter of this
Agreement. If any provision of this Agreement is rendered by a court or governmental agency of competent
jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability
shall not affect the remainder of this Agreement, which shall remain in full force and effect and be
enforced in accordance with its remaining terms. The waiver by us of a breach or default of any of the
provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the
same or other provisions; nor shall any delay or omission on the part of the TVOC to exercise or avail
itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any
breach or default by you. You agree that, regardless of any statute or law to the contrary, any claim
or cause of action that you may have arising out of or related to use of the Network or this Agreement
must be filed within one (1) year after such claim or cause of action arose or be forever barred. The
section titles in this Agreement are solely used for convenience and have no legal or contractual
significance. All provisions of this Agreement that, by their nature, survive termination of this
Agreement will survive termination including, without limitation, the Acceptance of Terms, Network
Rules, Submissions, Links, Disclaimer of Warranties, Limitations on Liability, Indemnification,
Allocation of Risk, Proprietary Rights, Choice of Law & Jurisdiction and Venue and General
sections of this Agreement.
AND THE POLICIES AND ARE AFFIRMATIVELY INDICATING THAT YOU AGREE TO BE BOUND BY THEM.
Terms and Modifications
thevoiceofchange.info (this “Site”) is provided by the TVOC Agnetia Corp. We may change, suspend or
such modifications shall be effective immediately upon either notifying you or posting the modified
Our Intellectual Property
This Site and the material on the Site is owned by us and third party providers and is protected by
international copyright, trademark and other intellectual property laws. This Site and the content
provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or
distributed without our written permission, except that you may download, display and print one copy
of the materials presented on this Site on a single computer for your personal, non-commercial use only.
“Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized
in writing. Unauthorized use of this Site or the materials contained on this Site may violate applicable
copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and
trademark notices, and any other proprietary notices, contained in the materials. The use of such
materials on any other web site or in any environment of networked computers is prohibited. You may
establish a hypertext link to this Site provided the link does not state or imply our sponsorship of
the other site and further provided that you do not frame any of the content of the Site or incorporate
into another website or other service any of our intellectual property.
Content Submissions: Submitted/published by you or by other authors (“Submissions”) with permission
“Submissions” means all comments, feedback, suggestions, e-mail and similar information or materials you submit to us including posting comments to blogs, stories,
and community forums, submitting letters to the editor, and submitting manuscripts, articles, photographs,
videos, artwork or other material. In sending the material, you are representing and agreeing that:
- You are the author of the Submission or that you are making the Submission with the express
permission of the author/owner.
- The Submission is free from restrictions on publication and does not infringe or violate any
existing copyright or other property right that exists in favor of any other person or entity.
- You are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative
works from, distribute and or display such Submission, in whole or in part, in any manner or medium now known
or hereafter developed.
- You automatically waive any claim that any use of such content violates any of your rights,
including privacy rights, publicity rights, moral rights or any other right, including the right to
approve the way we use such content.
- You are responsible for the content of all Submissions and acknowledge that third parties
may hold you responsible for content related claims including libel, invasion of privacy, misappropriation
of likeness and disclosure of confidential information.
- You shall indemnify, defend and hold us, our parent company and our affiliated entities
(including our officers, directors, owners, agents and employees) harmless from all liability and costs
incurred by those indemnified in connection with any claim arising out of any breach by you of the above
representations and warranties and for any claims related to the content or your Submissions.
- We have the right to disclose any information that we believe necessary to comply with any
law, regulation or governmental request or that information that could prevent or assist in the resolution
of any criminal, illegal, or inappropriate activity.
Some areas of our Site may allow you to purchase items or services from us or from third parties. We are
not responsible for any interactions between you and third parties or for the timeliness, accuracy or
quality of items purchased from them. You should review third party’s practices and policies prior to
purchasing items as their practices and policies may differ from ours. When you purchase items or
services from our Site, you may be subject to additional terms and conditions that specifically apply
to the items you are purchasing. You are financially responsible for all purchases made by you or
someone using your account.
Links to Other Sites
Any links from this Site to other websites are provided for your information and convenience only.
We do not assume any responsibility or liability with respect to any website linked from this Site
(or any website linking to this Site). We do not review or monitor such links. A link from this Site
to another website (or a link from another website to this Site) does not constitute a referral,
endorsement, approval, advertising, offer or solicitation with respect to such website, its contents,
or any products or services advertised or distributed through that website. The privacy policies of
other sites may differ from ours so if you have questions about other sites’ privacy policies, please
contact them directly.
EXCLUSION OF WARRANTY
WE MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL
OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR
RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND EXPRESSLY DISCLAIM ALL WARRANTIES AND
CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF
DEALING OR USAGE OF TRADE.
We do not warrant that the Site or any of its components will be uninterrupted or error free, that
defects will be corrected or that the Site is free of viruses. There may be delays, omissions,
interruptions and inaccuracies in the news, information (including financial information such as
stock quotes) or other materials on the Site. None of the information contained in this Site shall
be construed as an indication of our views, opinions or recommendation, or endorsement thereof.
We provide what we believe to be useful, current and accurate information regarding healthcare,
real estate, career advice, automotive and used car valuations, employment opportunities and many
other areas. However, we do not make any representations, nor do we warrant the accuracy, completeness,
timeliness or reliability of any advice, opinions, or materials on these components of the Site. The
material and content contained therein is for general information only and is not intended to be a
substitute for professional advice. Users of these areas should not rely exclusively on information
provided in these areas for their own health care, real estate, automotive, career or other needs.
LIMITATION OF LIABILITY
WE, OUR PARENT, AND AFFILIATED ENTITIES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY
INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (1)
ANY USE OF THIS SITE OR ANY DECISION MADE OR ACTION OR NON-ACTIONTAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THIS SITE OR THE CONTENT FOUND
HEREIN OR (2) OUR PERFORMANCE OR NON-PERFORMANCE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU. Certain jurisdictions
might not allow limitations on implied warranties, or the exclusion or limitation of certain damages.
If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply
to you, and you may have additional rights to those contained herein.
terms and conditions may apply to the purchase of goods and services of third parties to whom you
are provided access through this Site. Your use of this Site is independent and you shall not be
construed as an employee, agent or partner of, or joint venturer with, us for any purpose. This agreement
and its performance shall be governed by the laws of the State of Missouri/United States, without regard
to its conflict of laws provisions. In the event any provision in this agreement is determined to be
unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted
by applicable law, and such determination shall not affect the validity and enforceability of any other
Notes about FAIR USE
Fair use is a legal doctrine that says you can reuse copyright-protected material under certain circumstances without getting permission from the copyright owner.
Check out the videos below for helpful examples of fair use.
Different countries have different rules about when it’s okay to use material without the copyright
owner’s permission. For example, in the United States, works of commentary, criticism, research, teaching,
or news reporting might be considered fair use. Some other countries have a similar idea called fair
dealing that may work differently.
Courts analyze potential fair uses according to the facts of each specific case. You’ll probably want to
get legal advice from an expert before uploading videos that contain copyright-protected material.
In the United States, fair use is determined by a judge, who analyzes how each of the four factors of
fair use applies to a specific case.
1. The purpose and character of the use, including whether such use is of commercial nature or is for
nonprofit educational purposes
Courts typically focus on whether the use is “transformative.” That is, whether it adds new expression or
meaning to the original, or whether it merely copies from the original. Commercial uses are less likely to
be considered fair, though it’s possible to monetize a video and still take advantage of the fair use defense.
2. The nature of the copyrighted work
Using material from primarily factual works is more likely to be fair than using purely fictional works.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing
large portions. However, even a small taking may weigh against fair use in some situations if it constitutes
the “heart” of the work.
4. The effect of the use upon the potential market for, or value of, the copyrighted work
Uses that harm the copyright owner’s ability to profit from his or her original work are less likely to be
fair uses. Courts have sometimes made an exception under this factor in cases involving parodies.
See also Creative Commons for use of video including Youtube and other public media.