Have two questions related to Fair Use:
1) I'm the social media manager for a College. I have a professor in a media department making 15 second short videos and uploading them to Twitter/Instagram. The video is created in house, but he's using copyrighted POP/RP/Hip-Hop music as the backing track to these shorts.
Some of these videos are produced by the Professor to promote his department, some are shot by his students and then the professor uploads them to the Instagram/Twitter account.
I would like your opinions as to whether this is violating Fair Use or not:
To me, we are at best in a legal "grey" area - when it is on social media, it is no longer "educational", it has become commercial/promotional. The usage isn't a substantial part BUT I know there's no "minimum" usage. The music is a creative work. It hasn't been substantially changed. And finally the artist is probably losing money from the fact we haven't paid for a license to use the music.
The Professor has assured me he's spoken to IP lawyers and "contacts" at ASCAP and they've assured him this usage is permissible, but I'm not really convinced.
On the question as to whether a copyright holder would care enough to pursue it, and whether they'd seek damages rather than just issue a "take down" is another question, but honestly I don't think the College should be put into that possible situation in the first place.
Am I over-reacting to this concern? Am I wrong in my understanding?
2) Second scenario - same Professor(!) - his students have created little 2-5 minute short videos. Again, copyright music is used in the background of these videos. The professor has upload them to YouTube as examples of in-class work at his department. YouTube has already taken down at least one of these videos, and has muted a different one.
In my understanding, this is not a Fair Use situation since it is now online and is freely available for distribution. If it was only in-class and only the students and the professor had copies, then it would be Fair Use as it would be for the purposes of education and limited distribution. On YouTube is has again become promotional/commercial and is now widely distributed.
Appreciate any comments and I am happy to clarify anything that I have no made clear.