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The first rule of copyright:
Partners should only submit videos that they have made or that they're authorized to use. That means they should not submit videos they didn't make, or use content in their videos that someone else owns the copyright to, such as music tracks, branding, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.
So before you submit content, make sure the footage, images, sounds, and/or music are licensed for you to use. This is in order to protect you and us.
Fair Use is a U.S. law that allows the reuse of copyright-protected material under certain circumstances without getting permission from the copyright owner. However, Fair Use is determined on a case by case basis, and different countries have different rules about when it’s okay to use material without the copyright owner’s permission. In the U.S., works of commentary, criticism, research, teaching, or news reporting might be considered fair use, but it can depend on the situation.
Different countries have different rules about when it’s OK to use material without the copyright owner’s permission. For example, in the United States, works of commentary, criticism, research, teaching, or news reporting may be considered fair use. Some other countries have a similar concept called fair dealing that may work differently.
This policy applies to content being submitted to be featured on Picky+, and already approved submitted content.
In the United States, judges decide what’s considered fair use. A judge will consider how the four factors of fair use apply to each specific case. The four factors of fair use are:
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes: Courts typically focus on whether the use of copyright-protected material is “transformative.” This means whether the use adds new expression or meaning to the original material, or whether it merely copies from the original. Commercial uses are less likely to be considered fair use, but it’s still possible to monetize a video that contains fair use material.
The nature of the copyrighted work: Using material from primarily factual works is more likely to be fair use than using purely fictional works.
The amount and substantiality of the portion used in relation to the copyrighted work as a whole: Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. But, if what’s borrowed is considered the "heart" of the work, sometimes even a small sampling may weigh against fair use.
The effect of the use upon the potential market for, or value of, the copyrighted work: Uses that harm the copyright owner’s ability to profit from their original work are less likely to be fair uses. Courts have sometimes made an exception under this factor in cases involving parodies.
If you’d like to learn more about fair use, there are many resources available online. The following sites are for educational purposes only and are not endorsed by Picky+:
The Center for Media and Social Impact’s “Code of Best Practices in Fair Use for Online Video”
The Digital Media Law Project's detailed explanation of the Four Factors
The US Copyright Office’s fair use index
If your content has a copyright strike or other protected entities that the partner has no license to, we'll remove it from Picky+. Though, if this occurs multiple times with the same partnership, it may result in a partnership termination.
We may also terminate a partnership after a single case of severe abuse.
If your submission video has a copyright strike or other protected entities that the partner has no license to, we will deny it and request you refrain from submitting content that has copyrighted entities you don't have authorization too. You can remove these things and resubmit. Though read our resubmitting policy.
If you are submitting content that you have copyrighted, you must send us a legal document declaring you are licensing us to use your content.
If your branding/trademark/wordmark is copyrighted, you must send us a legal document declaring you are licensing us to use your branding/trademark/workmark.