Fair Use Question of the Month: I'm using clips from a TV show to make a music video

Hello,

QUESTION:

Dear Center for Social Media,

I have a question that seems to have been touched on, but I'm not sure about my situation and if/where it falls within the Code.

I have recently decided to create a music video to a favorite childhood television show. The visuals for the music video are various clips from the show, which is currently the subject of Youtube removals. I also used some music from Youtube that is not, to my knowledge, being removed. My question: Is taking clips from a tv series and stringing them into a short music video changing its meaning or purpose, or would it not be considered fair use because it's overusing the tv and music clips? I wanted to get a clarification on this before I post the video (my first decent one) or think about producing more in my spare time.

Thanks,

Mike

ANSWER:

Of course, and as always, we cannot offer legal advice; the advice contained in the codes of best practice is solidly backed both by legal expertise and by the considered consensus of practice communities, however. "Taking clips from a TV series and stringing them into a short music video" could or could not be fair use. You would make the decision by looking at the transformed meaning you believe you are now making, articulating how it differs from the original,and matching it with situations in either the code of best practices in fair use for online video, or the documentary filmmakers' statement of best practices in fair use. Good luck, Mike!

Center for Social Media