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I am in Europe. Can I use the images of research papers or books to make an educational YouTube video under fair use? The videos will be monetized and I might have sponsors or receive money by Patreon.

Does this extend to other sources of images such as websites?

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  • Does this answer your question? YouTube Copyright
    – user4657
    Mar 30, 2020 at 1:50

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No

Because “fair use” is an exclusively a part of the copyright law of the USA and the USA is not a member of the EU.

There are 27 nations in the EU that each have their own copyright law with their own way of dealing with this. For example, German copyright law has a chapter that enumerates specific ways of copying that are permitted without permission (yours isn’t one of them); this is much more like (but not the same as) the fair dealing doctrine used in the copyright law of the UK and a number of other non-US common law countries. You would need to specifically identify which nation’s law applies to the work you wish to copy (by reading the copyright page of the book) and comply with that law.

Yes, it applies to images on websites. Or graffitied on bus shelters. Or tattoos. Or paint on canvas. Or any other way of fixing an image.

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No. The relevant EU directive is "Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC"

Your case does not fall under "Article 5 - Use of works and other subject matter in digital and cross-border teaching activities" because it is limited to "a secure electronic environment accessible only by the educational establishment's pupils or students and teaching staff".

Youtube is publicly accessible

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