I can’t even count the amount of times I’ve been scrolling through my saved folders on TikTok, Instagram or X to watch video edits of clips from my favorite TV shows, only to find nothing but a shell of what once used to be there, with a body of text over it. It reads: “This video is no longer available due to a copyright claim.”
Video edits of shows and movies, which are often paired with trending songs as the audios, have gained traction on social media platforms among hundreds of fan bases. Navigating this new age of fan-generated edits comes with confusion. As copyright laws based on precedent aren’t current enough to guide regulations on this new type of content, video edits deserve to be protected under copyright law.
Are edits legal?
Fan-made video edits range from less than 30-seconds to a few minutes long. This poses the question of whether they are legal in terms of copyright. The law gives copyright the “power ‘to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Investors the exclusive Right to their Respective Writings and Discoveries,’” according to Article 1, Section 8 of the United States Constitution.
This means, under the Copyright Act of 1976, “original works of authorship fixed in tangible medium of expression” are protected. According to the four exemptions of the copyright law, video edits are protected by the first amendment and therefore, should be legal to publish.
How the Fair Use Doctrine protects edits
Although copyright applies to all original works, there are some protections under the Fair Use Doctrine. The first ground for an exemption is based on the statute that “the purpose and character of the use, including whether such use is of commercial nature or is for the nonprofit educational purposes.” While video edits are not typically educational, the purpose is noncommercial and nonprofitable, which should be sufficient to protect them.
The second statute is “the nature of the copyrighted works.” In this case, the nature of the fan-created video may fall under the category of parodies. The third statute states that the level of protection depends on “the amount and substantiality of the portion used in relation to the copyrighted work as a whole.”
This does raise concerns considering video edits include either entire scenes or clips of them. However, given that every other statute can be applied, and only one is required for it to be legal, they should be exempt.
Statute four refers to “the effect of the use upon the potential market for or value of the copyrighted work,” which is often positive.
For example, one edit of the movie “10 Things I Hate About You” garnered one million views and 139,000 likes — and counting — on Instagram.
While at first glance this seems like an immense success for the editor who uploaded it, their success transfers to the movie, as the top comments include users asking “Movie name?” This edit may have prompted viewers to seek out and likely watch this movie that they evidently did not know much about otherwise.
It’s like a modern-day trailer, that oftentimes is more captivating than an official one when using more pivotal moments paired with a beloved song scored over it. As long as the edits aren’t being monetized, both parties benefit — the movies and shows with more sales and viewers for their new releases, and the editor with their skillful work earning more views and exposure.
Everyone wins
Actors, directors, screenwriters and other crew members of the films and shows often show their support for these videos. Similar to how interviews and press tours are used following the release of new media, edits can be the new way to spread the word.
Editors spend hours on average making these videos. It’s safe to say that they are proud of the final product in a way that it’s their own work. Though the scenes may not be their own, they are making something new and original with it. If they are not spreading misinformation, they should not be considered an infringement on copyright.