Joe is a final year law student at the Australian National University. Joe has legal experience in private, government and community legal spaces and is now a Content Writer at Sprintlaw.
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If you create content for YouTube (or you’re using YouTube to market your business), you’ve probably had that moment of doubt: “Can I use this clip?” “Is this fair dealing?” “Will Content ID flag me?”
You’re not alone. Copyright is one of the biggest legal tripwires for creators, brands, and startups online - especially when your content includes music, reaction clips, commentary footage, memes, or screen recordings.
This guide is updated to reflect the current digital environment and enforcement realities on major platforms (including how YouTube policies and automated systems interact with copyright law). We’ll break down fair dealing in New Zealand, how it differs from “fair use”, and what you can do to reduce risk while still creating great content.
As always, this is general information only - if your channel, brand, or campaign has higher stakes (sponsorships, big launches, paid ads, or repeat copyright claims), it’s worth getting tailored advice for your specific use.
What Is “Fair Dealing” In New Zealand (And Why It Matters On YouTube)?
In New Zealand, copyright is mainly governed by the Copyright Act 1994. In simple terms, copyright protects original works like:
- videos, films and TV shows
- music and sound recordings
- artwork, photography and graphics
- books, articles, scripts and written content
- software and some digital assets
Generally, if you use someone else’s copyrighted content without permission, that can be copyright infringement.
Fair dealing is a set of limited exceptions that can allow you to use copyright material without getting permission - but only in certain circumstances and only if the use is “fair”.
That “fair” part is where most creators get stuck. Fair dealing isn’t a free pass, and it’s not “I credited them so it’s fine” (credit helps, but it doesn’t automatically make a use lawful).
It’s also important to understand the practical YouTube reality: even if your use could be fair dealing under NZ law, YouTube’s automated systems and internal policies may still flag, demonetise, block, or remove content. So you need to think about both:
- legal risk (copyright law), and
- platform risk (claims, Content ID, takedowns, strikes).
If you want a broader view of platform rules and content risks, YouTube legal considerations is also a helpful reference point.
Fair Dealing Vs Fair Use: Don’t Assume You’re Covered
A lot of YouTube advice online talks about “fair use”. That’s because many creators are watching US-based videos or reading US-based guidance.
Fair use is a US legal concept. It’s broader and more flexible than NZ fair dealing, and it uses factors like the “purpose and character” of the use (including whether it’s transformative), the amount taken, and the market impact.
Fair dealing in New Zealand is more specific. It applies only to particular purposes set out in legislation. If your use doesn’t fit within one of those purposes, it’s much harder to rely on the exception.
Here’s the practical takeaway: even if a creator overseas says “this is fair use”, you should still ask: does this fit a NZ fair dealing purpose?
If you’re in the “fair use” mindset, it can still be a useful framework for risk analysis - but don’t treat it as the legal rule in New Zealand. If you want to compare how “fair use” is usually discussed online, fair use YouTube is a good starting point.
When Can You Rely On Fair Dealing For YouTube Content?
Fair dealing exceptions in New Zealand cover specific purposes. The most relevant ones for YouTubers, businesses, and online creators tend to be:
- Criticism or review
- News reporting
- Research or private study
- Parody or satire (introduced more recently into NZ law)
Let’s break these down in practical YouTube terms.
1) Criticism Or Review (Commentary, Analysis, Reaction Content)
This is often the most relevant exception for YouTube creators.
If you’re reviewing or criticising a work (like a movie, song, music video, advertisement, game, or another YouTube video), you may be able to use limited excerpts as part of that review.
What “fair” tends to look like in practice:
- You use only what you need to make your point (not more).
- Your voice and viewpoint are the focus (not the clip itself).
- The use doesn’t replace the original or act as a substitute for it.
- You acknowledge the source/author where reasonably possible (attribution is often expected for this exception).
Examples that may fit better:
- Using a short clip from an ad while explaining why the messaging is misleading or effective.
- Showing a few seconds of a scene while analysing cinematography.
- Playing brief segments of a song while discussing composition/production choices.
Examples that are higher risk:
- Uploading long, continuous segments with minimal commentary.
- Posting “best scenes compilation” or “full episode recap” with mostly the original footage.
- Using a whole track as background music while talking about something else.
Even when the legal argument is strong, you might still deal with claims. That’s why it helps to understand platform processes and documentation. For creator-facing practical tips, copyright guidelines YouTube can help you sanity-check your workflow.
2) News Reporting (Current Events And Reporting-Style Content)
If your channel covers news, business updates, or current events, you might rely on fair dealing for news reporting.
But “news reporting” doesn’t mean “anything that feels topical”. It’s about using material to report news, not simply to entertain or republish.
Common examples:
- Using a short excerpt of a public statement while reporting on it.
- Showing limited footage to explain what happened in an event you’re covering.
Be careful with:
- using entertainment footage as a “hook” when it’s not genuinely needed for reporting
- lifting long segments from broadcasters (this can be high risk and often gets enforced quickly)
3) Parody Or Satire (Comedy, Skits, Memes With A Point)
New Zealand now has a specific exception for parody and satire, which is particularly relevant in internet culture.
In practical terms, this can help where you’re making fun of, commenting on, or critiquing a work or wider social issue using that work as a reference point.
Common examples:
- A skit that mimics a famous ad to critique the product or social trend.
- Satirical editing that comments on the original content’s messaging.
Where creators get caught out: parody/satire can be misunderstood as “any funny edit”. If the joke is basically “here’s the clip” rather than a genuine parody or satirical comment, you’re in riskier territory.
4) Research Or Private Study (Usually Not Public YouTube Uploads)
This exception is generally less helpful for public posting on YouTube, because “private study” and “research” are typically about personal or limited use, not publishing content to the world.
It can still matter if, for example, you’re building internal training materials, pitch decks, or research compilations - but for a public channel, don’t rely on this as your go-to exception.
How YouTube Copyright Claims Work In Real Life (Content ID, Takedowns, And Strikes)
Even if your use is genuinely fair dealing, YouTube enforcement can still affect you. That’s because YouTube has to operate at scale, across many countries, with a mix of automated and manual systems.
Content ID Claims (Automated Matching)
Content ID is YouTube’s automated system that scans uploaded videos and matches audio/video to a database provided by rights holders.
A Content ID claim might lead to:
- monetisation being redirected to the rights holder
- your video being blocked in certain regions (or everywhere)
- your video being tracked (analytics shared with rights holder)
This isn’t necessarily a “copyright strike”, but it can still hurt your channel and revenue.
Copyright Takedown Notices (Strikes)
A takedown notice is more serious. It can lead to a copyright strike and consequences like:
- video removal
- account feature limits
- channel termination for repeat strikes
Many takedowns are influenced by US-style processes because YouTube is a US-based platform - but NZ law still matters to your legal position, especially if disputes escalate beyond platform tools.
Disputes Aren’t Only Legal - They’re Commercial
For businesses, copyright issues aren’t just about “can I argue fair dealing?” They can also affect:
- brand reputation and partnerships
- ad approvals and campaign timelines
- sponsorship contracts (some sponsors won’t touch risky channels)
- your ability to sell or license content later
If you’re producing content with contractors (editors, videographers, agencies), it’s smart to lock down ownership and usage rights in a proper Service Agreement so you’re not scrambling later if a video needs to be re-cut or relicensed.
Practical Risk Checks Before You Upload (A YouTube Fair Dealing Checklist)
Fair dealing is fact-specific. There isn’t a magic “7 seconds” rule (that’s a myth), and there isn’t a guarantee that adding a disclaimer will protect you.
Still, there are some practical checks that can keep you on the right side of both the law and platform enforcement.
1) What’s Your Purpose?
Ask yourself: why am I using this clip?
- Is it criticism or review?
- Is it reporting news?
- Is it parody/satire?
- Or is it really just there because it looks/sounds good?
The clearer your purpose is, the stronger your fair dealing position tends to be.
2) Are You Taking Only What You Need?
Using more than necessary is one of the fastest ways to weaken a fair dealing argument.
Try to:
- use shorter excerpts
- break up clips with commentary
- avoid long, continuous unedited sequences
3) Are You Competing With The Original?
A key risk factor is whether your upload could act as a substitute for the original work.
For example, if someone can watch your video instead of buying/streaming the original content, you’re in higher-risk territory.
4) Are You Using Music? (This Is Often The Highest-Risk Category)
Music is one of the most aggressively enforced categories on YouTube, especially popular tracks and commercial catalogue music.
Common risky scenarios include:
- using songs as intro/outro music
- using background music under a voiceover
- including music playing in a café, gym, or retail store (even incidentally)
If you need music, consider properly licensed options (like royalty-free libraries) or negotiate permission. If you’re dealing with licensing regularly (for example, you’re an agency producing ads at scale), a Copyright Licence Agreement can help clearly set out what you can use, where, and for how long.
5) Have You Dealt With People’s Likenesses And Locations?
Copyright isn’t the only issue on YouTube. If you’re filming people, actors, customers, or members of the public, you may also need consent - especially if the content is promotional.
For releases, it can help to have a Model Release Form in place for identifiable people (particularly if you’re monetising the content or using it in ads).
6) Are You Collecting Personal Information?
If your channel is connected to a business website, merch store, email list, or any tracking tools, you may be collecting personal information (even just IP addresses and cookies).
That’s where a properly drafted Privacy Policy becomes part of your legal foundations - it’s not strictly “copyright”, but it’s often relevant for creators who are building real businesses around content.
Common YouTube Scenarios: Is This Fair Dealing Or Not?
Most creators don’t need abstract legal theory - you need real-world examples. Here are common YouTube formats and how fair dealing issues often show up.
Reaction Videos
Reaction content can fall under criticism/review, but it depends on execution.
Lower risk: you add genuine commentary, analysis, critique, or context, and the viewer comes for your perspective.
Higher risk: you play long segments with minimal input, and the value is mainly the original clip.
“Explainer” Videos Using Movie/TV Clips
If you’re explaining themes, production choices, messaging, or cultural impact, you may have a fair dealing argument - but keep clips limited and connected to your points.
If you’re essentially summarising the entire story using the best scenes, you’re more likely to face enforcement.
Gameplay Videos And Streaming
Games involve layers of rights (game footage, music inside the game, cutscenes, character art). Some publishers allow streaming under their policies, others restrict it.
Even if there’s no immediate Content ID match, a rights holder may enforce later.
Shorts, Memes, And Trending Audio
Short content isn’t automatically “fair”. A 10-second clip can still be infringing if it’s the “heart” of the work and you’re not using it for a fair dealing purpose.
Trending audio is also high risk if it’s commercial music. YouTube may allow certain licensed uses within platform tools, but that doesn’t necessarily mean you can reuse that audio everywhere (like on your website ads or cross-platform campaigns).
Using Other People’s YouTube Clips
Other YouTube videos are still copyrighted works. You’ll want to assess:
- are you reviewing/criticising the video (fair dealing), or reposting it?
- are you using short excerpts, or large parts?
- are there other rights involved (music, embedded media, third-party clips inside their video)?
For brand deals and creator collaborations, it’s also worth setting expectations in writing - for example, if someone is creating content on your behalf, an Influencer Agreement can help cover usage rights, approvals, and who wears the risk if content triggers a claim.
Key Takeaways
- Fair dealing in New Zealand is limited to specific purposes (like criticism/review, news reporting, and parody/satire) - it’s not the same as US “fair use”.
- YouTube enforcement is a separate layer of risk; even lawful use can still be flagged by Content ID or challenged through takedown processes.
- Focus on purpose and fairness: use only what you need, make your commentary the main event, and avoid substituting for the original work.
- Music is a common trouble spot; background music and incidental tracks regularly trigger claims, so licensing is often the safer option.
- Don’t forget the surrounding legal issues like releases for people in your content and privacy compliance if you’re collecting audience data.
- If the content matters commercially (paid ads, sponsorships, launches), it’s worth getting tailored legal advice and putting the right agreements in place rather than relying on generic rules of thumb.
If you’d like help with copyright risk on YouTube, licensing, or putting the right legal documents in place for your content business, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.
