This post was significantly updated in June 2025 to reflect new information. An archived version from 2008 is available for reference here.
Nobody sat creators down in 2008 and said: “Fair use is a vague guarantee—embrace uncertainty.” So we didn’t.
Fast-forward to today, when AI can whip up entire videos, music, or articles in seconds. Yet most creators still rely on 15‑year‑old assumptions—“short clip, no problem.”
That approach is no longer safe.
In June 2025, a U.S. judge ruled that Anthropic’s use of books to train its Claude AI was transformative and thus fair use—but flagged pirated material as off‑limits.
Just as crucial: the U.S. Copyright Office emphasized that large-scale, commercially oriented content scraping likely fails under fair‑use tests.
Meanwhile, creators on platforms like YouTube—such as Steven Bartlett—warn that their content is being used to train unseen AI without permission or compensation.
Today’s fair use landscape isn’t about “I’ll just quote a few lines.” It’s about sourcing ethically, thinking strategically, and understanding legal nuance.
Whether you’re repurposing clips in tutorials or feeding training sets to autonomous tools, it’s time to ask: Are you unintentionally playing a legal and ethical shell game?
Problem → Fair use fallacies & real risks
1. The myth of “it’s just a clip”
Many bloggers and creators believe using <30‑second clips or a few sentences always falls under fair use. But that ignores the four-factor test: purpose, nature, amount, and market impact.
Courts are now scrutinizing whether a use is transformative enough—more than just token editing or captioning.
2. AI training: fair use in public view
Anthropic’s June 2025 ruling declared that converting purchased physical books into digital training data was transformative, akin to learning to write.
Yet the same judge sent millions of pirated book claims to trial—copyright law still robustly punishes illegal acquisition.
3. Meta, OpenAI, ANI cases: global turbulence
Worldwide, AI firms face rising lawsuits. Indian agency ANI sued OpenAI for scraping subscriber-only content despite an opt‑out policy—and questioned ChatGPT’s output for false attribution.
In the U.S., publishers including the New York Times and Authors Guild are litigating against OpenAI and Meta, arguing that model outputs now compete commercially with originals.
4. Rights vs. contracts & platform policies
Even if fair use protects an act legally, contract terms often override it.
YouTube’s terms permit AI training from uploaded content—but creators like Bartlett charge this policy lacks transparency and control. At scale, TOS becomes a permission wall.
Strategic perspective: long-term fairness vs. short-term hacks
1. Think beyond “minimal clip”
Fair use isn’t just about brevity. A strategically “newsworthy commentary” that deconstructs source contextually is stronger than low-effort reuse.
Aim for real transformation—critique, contrast, contextualize, amplify.
2. Prioritize transparent sourcing & licensing
With courts favoring licensed or lawfully purchased material (as with Anthropic), creators should adopt better sourcing policies. Getty Images and Storyblocks now offer AI‑training licenses.
Bloggers can license stock video, embed links to originals, and document permissions.
3. Build trust with audience & platforms
Resisting low-risk exploitation pays dividends. Creators openly tagging sources and licensing builds brand trust with readers, protects monetization channels, and helps you stand out among peers.
YouTube’s internal tools may suppress content flagged for TOS breaches.
4. Prepare for evolving legislation
In the UK and EU, licensing and opt‑out frameworks for AI data are emerging . U.S. guidance is shifting too.
The marginal benefit of “free use” is shrinking; the cost of integrity-first strategy is diminishing—and safer for growth.
Solution → Practical roadmap
✅ Step 1: Audit your content
- List any quotes, clips, or media over 5 seconds or 50 words.
- Categorize each by purpose (analysis, satire, commentary, tutorial).
- Flag any usage that’s purely illustrative without transformation.
Step 2: Transform with purpose
- Add commentary, critique, story, or challenge the source.
- Use visual overlays, annotations, or voiceovers—even short clips.
- Document your intent: why this isn’t just copying.
Step 3: Secure legal or licensed assets
- For media assets, obtain usage rights or choose Creative Commons with commercial terms.
- For AI training or repurposing large swaths of content, consider services that offer pre-cleared data.
Step 4: Declare & disclose
- Label content as “fair use” but also cite original works.
- For AI-based transformations, add a transparency note: “Built on site.com dataset under license.”
Step 5: Monitor evolving norms
- Subscribe to updates from U.S. Copyright Office.
- Watch legal blog outlets (EFF, FT, Axios).
- Adjust practices as rulings, policies, and legislation evolve.
Closing insights
Fair use was never intended as a catch-all loophole.
Sitting in 2025, post‑Anthropic and post‑Copyright‑Office guidance, bloggers must think beyond “short clip = safe.”
We face a digital culture accelerating into AI ubiquity, where republishing without depth is liability—not merely mediocrity.
To thrive, serve your audience with intentional, transparent, and transformative content. That means thinking, structuring, and sourcing differently.
It’s not just about avoiding takedowns, it’s about shaping an authentic creative identity with integrity.
Start with one small audit and track your changes. This is not legalism, it’s strategy.
It builds credibility with readers, platforms, and frankly, with your own sense of purpose.
After all, fair use isn’t just a defense—it’s a privilege. Use it with respect.
