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Don't gifs come under fair usage mostly? Can't claim a 5 second clip of a show/movie is copyright infringement

• sarciszewski 11y ago
  IANAL but it would probably depend on the GIF itself. Using a particular file format doesn't waive your rights as far as I know.
  • Dylan16807 11y ago
    Well that's obvious and also doesn't answer the question about the "mostly" case. Fun to note is the gifs of entire movies in kilopixel resolution.
• rhino369 11y ago
  Fair use is hard to determine before you get sued. There is no black or white rule. There are 4 (or more) factors to consider. Some are in favor of it being fair use--a)Amount and substantiality* and b) effect upon work's value. Some go against fair use, like commercial nature of the work. The fact that Giphy is just ripping off other people to get funding is bad for their fair use argument. How a court would rule isn't clear. *assuming they are copying a clip from a movie or show. Ripping off someone's original gif would turn this factor against them since they copy the whole thing.