Like using music from a video game/film in a video that isn’t published on the internet, or using it as a ringtone in phones, or using voice lines from a video game as notification sounds. (There are a lot of other uses that I won’t mention here)
Like using music from a video game/film in a video that isn’t published on the internet, or using it as a ringtone in phones, or using voice lines from a video game as notification sounds. (There are a lot of other uses that I won’t mention here)
In the USA there is a fair use doctrine/clause to copyright laws which excludes noncommercial works. This also stems from the English common law’s fair dealings doctrine.
That said, Judges generally have the final say and have decided cases wildly differently from each other in either direction in the past on what is and is not copyright infringement.
The examples mentioned are definitely not fair use
Pretty sure these two lines cover most of the examples OP mentioned. Using a sound effect or VO line from a videogame for noncommercial means is both a tiny portion of the totality of the work, and will likely have no effect on the market or value for that work.
As @finitebanjo@feddit.online quoted, fair use only applies
Of the four criteria for fair use, the first one is pretty much that it should be one of those purposes. (https://www.copyright.gov/fair-use/#%3A~%3Atext=Courts+look+at+how+the+party+claiming+fair+use+is+using+the+copyrighted+work%2C+and+are+more+likely+to+find+that+nonprofit+educational+and+noncommercial+uses+are+fair. details these criteria. The first criterion also includes favoring saying that really transformative and creative use is fair use hence sometimes sampling doesn’t need permission.) IANAL but this is what we see in case law and case law doesn’t seem to support a noncommercial personal use exemption, even if undistributed. (to answer OP’s question, it’s technically illegal but nobody gets sued for it because 1. nobody knows if you don’t punish your crime 2. lawyers cost money so why bother such a PR scandal)
Here’s a good Tom Scott video covering the allowed purposes: https://www.youtube.com/watch?v=1Jwo5qc78QU
Ringtones and notifications are different because they are legal public performance of something still copyrighted: https://www.eff.org/deeplinks/2009/10/court-rules-phones-ringing-public-dont-infringe-co
FALSE, THIS USER ABOVE IS LYING.
ALL TYPES OF NONCOMMERCIAL USE CAN ALSO BE FAIR USE. (Until the judge says otherwise and it doesn’t get overruled).
https://www.copyright.gov/fair-use/#%3A~%3Atext=Courts+look+at+how+the+party+claiming+fair+use+is+using+the+copyrighted+work%2C+and+are+more+likely+to+find+that+nonprofit+educational+and+noncommercial+uses+are+fair :
Edit:
Well, yeah, according to the criteria I’ve detailed with sources above.
On its own, a noncommercial use is fair use, unless other factors get in the way of that. I will ammend my previous comment to be less absolute.
Your phrasing sounds like fair use is the default case for non-commercial when really it just makes it “more likely” legal. The most obvious example is Hachette v. Internet Archive. US copyright is so pro-business that you never know until the gavel is down.
Well obviously printing copies for free is illegal, thats just how antipiracy laws work, but the courts clearly stated even in that link that if IA had made sure the print to copy ratio was 1:1 or that notable changes to make it considerably transformative then it would have been fair use.
also by editing it, it’s no longer the original work. there is a lot of Grey area around the concepts of sampling.
otherwise all speech recorded intentionally or unintentionally would violate such.
The post title includes “non-commercial”.