copyright fair-use
What is the upper boundary for using a copyrighted character under fair use?
<p>It seems that it is often understood that copyrighted works can be used as parodies or satire. In some cases derivative works clearly match this definition, in others it can be difficult to tell. I understand this difficult may be opinionated so I have provide the following major concerns.</p>

<p>Is there any difference in fair use copyright law between using the following:<br>
1. Copyrighted image of a copyrighted character<br>
2. Own image of a copyrighted character</p>

<p>I have seen many videos on YouTube with people playing with copyrighted character toys often with a story. They often have huge view counts and seem to be operated as a business so I assume the content is monetized.<br>
Is this protected under fair use, and if it is then why could someone not copy a copyrighted anime and change only the story under fair use?</p>

<p>※I understand laws vary by country, and are often determined more by case results so answers based on common treaties/laws and case results preferred.</p>

<p>There is no good answer to your question. The fair use defense is infinitely context dependent and your question certainly doesn't provide a rich enough understanding of the facts and the context to answer it. It is a mixed question of fact and law that has to be determined on a case by case basis. </p>

<p>Moreover, in the grey area close cases (and the grey area is quite large) a particular fact pattern could easily be resolved either way by different fact finders, even if there is absolutely no dispute regarding the facts of the case.</p>

<p>There are many factors that go into a fair use determination and none of them are controlling in the usual case. Instead, a holistic consideration of all of the facts and circumstances is made by a finder of fact using their best judgment.</p>

<p>There is no bright line that you can go up to and be legal, and cross and be illegal. Instead, the further you get away from heartland easy fair use cases without actually being in a situation that is obviously not fair use, the more risk you face if push comes to shove and there is litigation.</p>
