Video is increasingly becoming a central part of our everyday landscape of communication, and it is becoming more visible as people share it on digital platforms. 

With remixes and parodies being the average YouTube user’s staple diet, people greatly depend on the ability to use and circulate existing copyrighted work. However, especially so for businesses, it is important to understand the legal rights of the original makers as policies and practices evolve. 

Copyright law has several features that permit quotations from copyrighted works without permission or payment, under certain conditions. Fair use is the most important of these features. It has been an important part of copyright law for more than 150 years. 

Read more about copyright:

• Brands need to be more aware of who owns their images
• Keeping on top of legislation: Cyber laws for online SMEs
• A basic guide to copyright law

Essentially it means using the “rule of reason” to determine if an unlicensed use of copyright material generates social or cultural benefits that are greater than the costs it imposes on the copyright owner – and it has been a subject of great debate given that the conservative party has had to withdraw an advert due to a copyright claim.

The aim, as was evident by the very first words of the advert, was to paint Corbyn as a “threat to Britain’s security”. The advert featured a montage of clips of Corbyn’s more controversial statements. This included describing “terror group Hamas” as “friends” and the death of Osama Bin laden as a “tragedy”. 

It was the latter filmed comments that got the conservative party in trouble. The video clips used had been filmed by freelance videographer Adrian Cousins, who ended up filing a copyright claim with YouTube. The company subsequently pulled the advert.

A tweet sent out by prime minister David Cameron containing the same warning to Britain’s national security was criticised by the Russian embassy.

Just imagine UK media headlines if Russian President called a leading opposition party threat to national security? pic.twitter.com/XmRNUhrTC8

— Russian Embassy, UK (@RussianEmbassy) September 14, 2015

By Shané Schutte