When doing student research, like for the upcoming group assignments, we are covered by a fair dealing claus ‘educational purposes’. Although this covers us from copyright infringement, it may not hold up in law. So even when using fair dealings as an offence its better to be safe than sorry and get approval.
Its ok to use copyright works for assignments but internal passwords should be used. Its alright to use copyrighted photos in scrapbooks or on posters but if they are going public it is not ok.
Things that the court will look if you are taken to court.
The purpose and character or the work; is it mocking someone or made for unsociable reasons.
The amount borrowed from a work and its substantiality in relation to the whole video
The effect on the marketplace. if your video gets more money than the original or destablizes the copyright holder
The potential to license the material you used off the original e.g If there was no reply in the copyright holders email
Parody and satire can be used as a defence, but it could also defame someones name.
substantially similar 10% or 30% rule
adaptions / modifications – licence / contracted rights
Documentary Filmmakers’ Statement of Best Practices in Fair Use