Are reaction videos fair use?

Sometimes. Reaction videos where you pause frequently to add substantial commentary and analysis that transforms the meaning of the original are more likely fair use. Simply watching and saying 'wow' or 'that's crazy' while the original plays is unlikely to be fair use because your video substitutes for the original.

How much of a copyrighted work can I use?

There is no safe amount. The 'fair use' analysis considers the amount used relative to the whole work AND whether you used the 'heart' of the work. Using 10 seconds of a song's most recognizable hook could weigh against fair use, while using 30 seconds of a mundane speech might not.

Can I use copyrighted music in my YouTube videos if I am not monetized?

Commercial vs. non-commercial use is only ONE of four fair use factors. Even non-monetized use of copyrighted music is likely infringement if you are using it as background music (not commenting on the music itself). Use royalty-free music instead.

What happens if I dispute a Content ID claim and lose?

If you dispute a Content ID claim, the claimant has 30 days to respond. If they uphold the claim and you appeal, they can either release the claim or file a formal DMCA takedown. A DMCA takedown is more serious — it results in a copyright strike on your channel. Three strikes = channel termination.

Guide

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Fair Use for YouTubers: What Is Actually Legal in 2026

Fair use is the most misunderstood concept in content creation. It is not a blanket permission to use other people's content. It is a legal defense that a court evaluates on a case-by-case basis. Many YouTubers have lost channels, faced lawsuits, or paid settlements because they assumed their use was 'fair' without understanding what the law actually says. This guide explains the real legal standard.

Last updated: February 26, 2026

Step-by-Step Guide

Evaluate your use against all four factors

Before using copyrighted material, honestly assess your use against each fair use factor. If two or more factors weigh against you, reconsider or find alternative content.

Add substantial transformative value

Your commentary, criticism, or analysis must be the primary content — the copyrighted material should support your points, not be the main attraction.

Use the minimum necessary

Show only the clips needed to make your specific point. Playing an entire song, scene, or video dramatically reduces your fair use argument.

Document your fair use reasoning

Keep notes on why you believe each use of copyrighted material qualifies as fair use. This helps if you need to dispute a Content ID claim or defend against a takedown.

Have a plan for disputes

Know the process for disputing Content ID claims and DMCA takedowns on YouTube. File disputes promptly and accurately, and consult an attorney if a dispute escalates.

What fair use actually is (and is not)

Fair use (17 U.S.C. Section 107) is a legal DEFENSE to copyright infringement. It is not a right, a permission, or a guarantee. It means that if you are sued for copyright infringement, you can argue in court that your use should be excused because it serves a purpose the law values (criticism, commentary, education, parody, news reporting).

Fair use is NOT:
- An automatic right to use any copyrighted material
- Guaranteed by adding commentary over copyrighted footage
- Determined by how much of the work you used
- Triggered by crediting the original creator
- Protected by a disclaimer ('I do not own this content — no copyright infringement intended')

Fair use IS:
- A case-by-case legal determination made by courts
- Based on four factors that courts weigh together
- More likely when your use is transformative (adds new meaning, message, or expression)
- Less likely when your use substitutes for the original (viewers watch your video instead of buying/watching the original)

The four factors courts evaluate

Factor 1: Purpose and character of the use
- Is your use transformative? (Commentary, criticism, parody, and education are favored)
- Commercial use weighs against fair use, but is not disqualifying
- Simply re-uploading content with minimal commentary is NOT transformative
- Reaction videos CAN be transformative if you add substantial commentary that changes the meaning or message

Factor 2: Nature of the copyrighted work
- Using factual works (news, documentaries) is more likely fair use than using creative works (music, films, art)
- Published works get less protection than unpublished works

Factor 3: Amount and substantiality used
- Using less is generally better, but there is no safe percentage or duration
- Using the 'heart' of a work (the most recognizable or valuable part) weighs against fair use even if it is a small amount
- A 5-second clip of the most iconic moment in a film may weigh against fair use, while a 2-minute clip of a mundane scene may not

Factor 4: Effect on the market
- Does your video replace the original in the market? (Viewers watch your video instead of the original)
- This is often the most important factor
- If your video drives viewers TO the original, this weighs in your favor
- If your video serves as a substitute for the original, this weighs heavily against fair use

Practical guidelines for YouTubers

Higher chance of fair use:
- Film criticism with clips used to illustrate specific points you are analyzing
- News commentary where you show clips to discuss current events
- Parody that transforms the original work to make a new comedic point
- Educational content that uses brief clips to teach concepts
- Using clips to comment on the content itself (not just as background)

Lower chance of fair use:
- Reaction videos where you play the entire original with minimal commentary
- Compilation videos that aggregate clips from others' channels
- Using copyrighted music as background for your content
- Re-uploading content with a disclaimer or credit line
- Using clips simply because they are entertaining, not to comment on them

Practical risk management:
1. Use the minimum amount of copyrighted material needed for your commentary
2. Ensure your commentary is substantial and adds new meaning
3. Pause the original material frequently to add analysis
4. Never use copyrighted material simply because it is convenient or entertaining
5. Keep in mind that even if your use IS fair use, you may still face Content ID claims and have to dispute them

Disclaimer: This is general information, not legal advice. Fair use is ultimately decided by courts. Consult an intellectual property attorney before relying on fair use for content with significant legal or financial risk.

Pro Tips

A disclaimer saying 'I do not own this content' provides zero legal protection — it actually acknowledges you know the content is copyrighted
Giving credit to the original creator is polite but has no legal effect on fair use analysis
YouTube's Content ID system is separate from copyright law — a Content ID claim does not mean infringement, and lack of a claim does not mean fair use
If you regularly use copyrighted material in commentary, budget for an intellectual property attorney consultation ($200-$500)
When in doubt, use royalty-free alternatives instead of relying on fair use — the legal risk is not worth it for background music or stock clips