Thanks to JD Lasica of Our Media for his post about this issue, from which we borrowed from for this page.

Copyright and fair use will continue to be a rich source of discussion at Listen Up! and the youth media field in the months and years ahead. Several members have already asked us, in the Forums, in their blogs and in emails, whether they can post material to the site if it borrows from a copyrighted work.

Here's our answer:

We can't advise you on what to do. The parameters of fair use in cyberspace are still being defined. The filmmaker behind the documentary "Blogumentary" decided not to release his hourlong film on Ourmedia until he has removed all copyrighted or unlicensed music from the soundtrack. That's understandable. On the other hand, individuals who have produced two- to five-minute digital stories or home videos have not hesitated to share their works of personal media on Ourmedia even when they contain portions of copyrighted music, video or audio. We tell our members that it's Listen Up!'s policy to give credit to the copyright holders whenever they include portions of copyrighted music, images or video in a new work they've created. Unfortunately, there is no clean, bright line in cyberspace regarding the borrowing of others' works.

Siva Vaidhyanathan. an author, NYU professor and widely acknowledged expert on digital copyright, argues persuasively that the borrowing permitted by the Copyright Act's fair use provisions apply not only to text works but to visual works as well. As a not-for-profit organization, Listen Up! is neutral on the subject. Our goals are to enhance digital creativity, advance creative culture and educate people about their rights and responsibilities on the Internet. But we cannot and do not offer legal advice. We leave it to our members to decide how much material they believe they may legitimately borrow under U.S. copyright laws. (Because our servers are based in the United States, we are bound by U.S. copyright laws. However, each member is bound by the laws or his or her own jurisdiction.)

Drawing the line at infringement

We do discourage the use of full music tracks or video works, and have removed files we believe clearly infringe copyright, such as an unadulterated mix of copyrighted songs or long portions of a television program. We support artists and their works -- including the artists' rights that our own members asserts. That's one reason why members see such an elaborate set of copyright licensing choices when they upload their media. And it's the reason why we're building an infrastructure for legally shareable music (you'll be hearing much more about these efforts in the months ahead). Already, you can find lots of music on Ourmedia where the creator has given permission to use the work, as long as you attribute it to him or her (and, in many cases, agree not to use it commercially). If you decide to include a copyrighted snippet in your work of personal media, your intent is important. If your goal is to promote yourself as an artist with the goal of making money, you should contact the copyright holder and ask for permission to reuse the material. If you include advertising on your blog so you benefit from other artists' works, then you shouldn't include those snippets without compensation to the copyright owner. But if your goal is simply to spread digital creativity -- or if you do it purely for fun and enjoyment or as an educational effort -- then it's your call. We're not the copyright police. Naturally, if any copyright owner objects to the inclusion of their music, video or audio on Listen Up!, we'll remove it.