If the context is meant to undermine or devalue the original work that is the subject of the GIF itself, then it would be incredibly difficult to make a case for fair use. In this case, the GIF itself doesn’t matter as much as what it represents and the context it’s shared under. You could insert a GIF of something that represents how you feel-happy, sad, stressed, bored, etc. For example, someone might say to describe how your day is going with only GIFs. Most of the time the GIFs get shared because of the context. In fact, many bloggers and entrepreneurs use GIFs to insert some personality into their content. Sharing GIFs has become an accepted practice. Nowadays social media is dominant and most, if not all, bloggers, share content on different social platforms, emails, blog posts, videos, etc. Context of shared gifs is a key aspect for fair use This means you can use that GIF freely without worrying about copyright infringement. If a GIF usage is determined to be fair use, then that work will be transformative, and will not affect the original work. To learn more about fair use and how it’s decided, make sure to read this post here to learn more about copyright and fair use. The effect of the use upon the potential market for or value of the copyrighted work.The amount and substantiality of the portion used in relation to the copyrighted work as a whole and.The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.There are four factors that are considered when determining whether a certain use may be considered ‘fair use’. If something is determined to be fair use, then there is no copyright infringement.įair use is a legal doctrine and it’s part of the Copyright Act. So if you use someone else’s copyrighted work without permission, then you’re infringing their copyright, unless you can show that your use is considered fair use.įair use is a complex part of copyright law because it’s not clear cut, and it’s always determined by a case-by-case basis. The rules of copyright don’t change just because it’s animated GIFs we’re talking about. Usage of animated gifs can be legal if it’s ‘fair use’ If you need specific legal advice, please consult with an attorney in your area. Every piece of content I present to you is for educational and informational purposes only. Your presence on my site does not create an attorney-client relationship or privilege. Nothing on my website should be construed as legal advice. Disclaimer: Even though I am a licensed and practicing attorney in the United States, I am not your attorney.
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