Disclaimer

Fair Use Disclaimer

If your site or app uses content from other sources, you need to include a fair use disclaimer to prevent your business from being accused of copyright infringement.

Under the principle of fair use, copyrighted works can be used in certain circumstances without the permission of the copyright owner.

According to Section 107 of the Copyright Act:

the fair use of a copyrighted work […] for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

To protect your business from copyright infringement claims, follow these steps:State that your site may contain content not authorized for use by its owner

Explain how your use of this material falls under the guidelines of fair use (e.g., comment)

Link to Section 107 of the Copyright Act

Here’s an example of a fair use–copyright disclaimer from a YouTube video that meets these requirements:

You can defend your use of original content with similar disclaimer language, based on the category of fair use you are using copyrighted work under, and any applicable licences.

To present its fair use guidelines, YouTube includes a link to a copyright resource in its site footer:

In these guidelines, YouTube includes a copyright and fair use disclaimer explaining that it receives a lot of takedown requests under copyright law, and that it strives to protect creators.

While we can’t offer a legal defense to everyone, we’ll remain vigilant about takedown notices impacting all creators.

If your website or app relies on content created by others, you can learn from YouTube’s open and accessible approach to fair use to build trust with your users.

YouTube content creators and businesses that target children under 13 need to comply with the Children’s Online Privacy Protection Act (COPPA).