USA · UK · CA · NL
Fair use & fair dealing checker
Before you send a takedown or reuse someone’s work, check how the use is likely to be viewed in the USA, UK, Canada or the Netherlands.
How the rules differ
| Country | Rule | Key point |
|---|---|---|
| USA | Fair use, 17 U.S.C. § 107 | Open-ended. Courts weigh four factors: purpose (especially transformation), nature of the work, amount used, and effect on the market. |
| UK | Fair dealing, CDPA 1988 ss. 29–30A, 32 | Only for listed purposes: research and private study, criticism, review and quotation, news reporting (not photographs), parody, caricature and pastiche, and illustration for instruction. Usually requires acknowledgement. |
| Canada | Fair dealing, Copyright Act ss. 29–29.2 | Listed purposes: research, private study, education, parody, satire, criticism, review and news reporting. Courts then apply six fairness factors from CCH v. Law Society. |
| Netherlands | Auteurswet exceptions (e.g. art. 15a, 18b) | Closed list, including quotation (proportionate, with source and author named), parody, caricature and pastiche, news reporting and teaching. |
For rights holders this matters too: in the USA, a takedown sent without considering fair use can lead to a misrepresentation claim under § 512(f) (Lenz v. Universal).
Common questions
What is the difference between fair use and fair dealing?
U.S. fair use is open-ended and weighs four factors. UK and Canadian fair dealing only covers listed purposes, then asks whether the dealing is fair.
Is giving credit enough to make it fair use?
No. Credit helps, and in the UK, Canada and the Netherlands it is usually required, but it does not make a use fair on its own.
Can I use a song in my video if it is under 30 seconds?
There is no safe number of seconds in any of these countries. Short uses can still infringe, especially if they don’t comment on the work.
Should I consider fair use before sending a DMCA notice?
Yes. U.S. courts have held that rights holders must consider fair use before sending a takedown.
Keep going
Services
- DMCA takedown serviceComplete § 512(c)(3) notices, host escalation and a report of every URL.
- Instagram takedownsHow to file an Instagram DMCA takedown, or have us file every post.
By country
- USA takedownsHow DMCA takedowns work for U.S. creators and businesses.
Free tools
- DMCA counter-notice generatorRestore content that was removed by mistake.
- Copyright term calculatorPublic domain dates for the USA, UK, Canada and NL.
- DMCA notice generatorGenerate a complete U.S. DMCA takedown notice.
Guides
- What is the DMCA? Complete guideNotices, counter-notices, safe harbor and what changed in 2026.