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FormatDNA

Fair use / fair dealing

A legal defence for using parts of someone's work without permission.

It is a defence rather than a category — nothing is automatically fair use because it is labelled commentary or review. Courts weigh how transformative the use is, how much was taken, and the effect on the original's market.

In practice most creators encounter the platform's automated claims system long before any legal question, and the two operate to different standards. Neither treats 'I credited them' as relevant.

Formats where this matters most

  • ReactionAn unscripted, real-time response with the source content playing on screen beside you.
  • Curated Clip CompilationThird-party clips assembled around a theme, where the curation itself is the value added.
  • Commentary / OpinionAn authored take on current events or discourse. The source is referenced, not played.