Can I use copyrighted media for strictly personal use?

Question

I know copyright / author's rights definition. I read bunch of texts about them and I am also aware that, for example, there are a kind of tolerance on YouTube about uses of copyrighted media (ex: songs' covers, remixes...) but even if they are tolerated, it is still not legal. But Youtube is a platform for sharing.

My question is : What about personal use of a copyrighted media ?

I searched on Internet but it is always about diffusion of such content, not personal use. In the strict aspect of law, would I be allowed to, for example, remix copyrighted songs just for my own usage, listening to them in my headphones ?

My first opinion would be no, as a copyrighted media covers :

• the right to reproduce the copyrighted work
• the right to prepare derivative works based upon the work
• the right to distribute copies of the work to the public
• the right to perform the copyrighted work publicly
• the right to display the copyrighted work publicly

It would be creating a derivative work of a copyrighted media, so it would be infringement, right ? Also, using a copyrighted music to put it on my vacation videos and showing it to my family only would be, law speaking, a copyright infringement, right ?

If that so, are every people drawing famous characters or playing famous music songs on their instrument, for training or just for fun, without any public diffusion, doing copyright infringement ?

By extension, are those doing public diffusion (ex: artists doing fanart of a video game character which is copyrighted) also doing copyright infringement ? Or is it considered as fair use ?

I got a bit lost when a friend ask me questions about that aspect of law.

Thanks !

Answer 1

Fair Use is what is called an "Active Defense" meaning that as a defendant in a copyright suit, you can use Fair Use as a defense, but it will not be assumed unless you specifically say such. To that end, fair use boils down to several factors of your work, such as the nature of your use of the derivative work (who did you show it to and for what purposes), the damage to the original copyright (usually monetary damages, but reputation damages or brand damage as well), and the derivative nature of the work (how is the message of the original work changed by your addition). Note that Quality of the work is never in question.

Answer 2

There is not a per se exclusion from copyright for personal use. Many instances of personal use are indeed fair use, but this is not categorically true.

For example, if you went to a preview of a major motion picture, covertly and without permission made a copy of the movie, and then only watched it yourself, you would also certainly be violating copyright law.