Fair Use Explained for Podcasters, YouTubers, and Filmmakers

“Fair use” is one of the most misunderstood concepts in media law — and it’s getting even murkier as creators test the limits on YouTube, podcasts, and social platforms. In this episode, Gordon Firemark explains what fair use really means, breaks down the four factors courts use to decide, and unpacks how creators can stay on the right side of the law.

He also discusses the ironic twist in the ongoing Ethan Klein lawsuits, where one of the biggest defenders of fair use is now arguing that many “lazy reaction” creators are crossing the line into infringement — a battle that could reshape how courts view fair use in the creator economy.

What You’ll Learn:

• What “fair use” actually protects — and what it doesn’t

• The real meaning of “transformation” under copyright law

• How much is too much — understanding “amount and substantiality”

• Why algorithms and platforms don’t care about fair use

• How to respond to DMCA takedown notices safely

• How professional creators handle permission and licensing

Mentioned in This Episode:

• H3H3 Productions v. Hosseinzadeh — landmark fair use case

• Equals Three v. Jukin Media — commentary vs. clip reuse

• New lawsuits by Ethan Klein challenging “lazy reaction” videos

Connect and Continue the Conversation:

Join the free Legit Podcast Pro Membership Group — a community for serious creators who want to grow their shows and businesses safely and confidently.

It’s where you’ll find me (Gordon Firemark, The Podcast Lawyer™) answering questions, sharing insights, and helping creators just like you stay legit.

Join now at http://LegitPodcastPro.com.