Fair Use refers to the use of intellectual property (IP) for certain uses without the need for permission from the IP owners. The allowable use for the IP include such purposes as criticism, commentary, research and education. The legality of Fair Use is outlined in US's Copyright Act 1976 (which applies to YouTube, based in the US).
The Fair Use clause is very important for Untergangers, as it gives them the required regal clause in using Downfall, an IP of Constantin Film, and other IPs for the aforementioned purposes - most relevant are criticism and commentary - without the intent of infringement. This however doesn't stop some IP owners to issue strikes.
In many parodies, the following excerpt is included as part of the video's description:
- Under Section 107 of the Copyright Act 1976, allowance is made for fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.