Your use doesn’t necessarily have to be “transformative” to qualify for fair use (although it definitely helps). Any use that furthers the public interest could potentially tip this factor in your direction. Parody, criticism, news reporting, scholarship, and commentary are all areas where courts have traditionally recognized fair use.
https://www.wp101.com/10-reasons-why-you-should-never-host-your-own-videos/
With that as background, here are ten reasons you should never upload video files to your own web server — particularly if your site is hosted on a shared server.
1.Server Bandwidth
Video files can be quite large in size. Unlike images—which are typically measured in kilobytes—an HD video file can easily weigh in at more than 100 MB. Now, imagine what will happen to your shared hosting server when dozens of folks attempt to watch the same video at the same time.
Your web hosting provider allocates a certain amount of bandwidth and other resources for each server on their network, based on average traffic rates that do not include serving large media files to hundreds of individuals (or more) at the same time. Too many requests for a single large file will quickly exceed the limits of the web server on which your site is hosted, and bring your site—and any other sites that also “live” on the same server—to its knees.
But you may never even get that far, because of…
2.File Size Limits and Storage Space
Most web hosting providers limit the maximum size of uploaded files to 50 MB or less, prohibiting you from uploading video files that are longer than a few minutes or so in duration. Additionally, large media files may violate the terms of the Acceptable Use Policy with your hosting provider and result in your hosting account being shut down.
If you’re able to upload large video files to your server on a frequent basis, you could eventually exceed the amount of storage space provided by your hosting account, especially if you regularly back up your site. In addition to the amount of disk space your video files will occupy, backups will begin to take significantly longer to execute. More data requires more disk space, and takes more time to backup.
3.Slow-Loading or Freezing Video
If your video file resides on a single server with a limited amount of bandwidth, folks who attempt to watch your video may experience unexpected pauses during playback while their computer waits for the file to download or stream to their computer. This problem is compounded by a slow Internet connection. Even when I hosted my videos on Amazon’s S3 content distribution network (CDN), many people still complained about slow-loading videos.
4.No Single File Format Standard for Web Video
The current HTML5 draft specification does not specify which video formats browsers should support. As a result, the major web browsers have diverged, each one supporting a different format. Internet Explorer and Safari will play H.264 (MP4) videos, but not WebM or Ogg. Firefox will play Ogg or WebM videos, but not H.264. Thankfully, Chrome will play all the major video formats, but if you want to ensure your video will play back on all the major web browsers, you’ll have to convert your video into multiple formats: .mp4, .ogv, and .webm
Now you’ve got three different video files to upload, each one potentially hundreds of megabytes in size.
(By the way, just how much bandwidth does your Internet provider allow you to use before imposing bandwidth caps? You may soon find out after you’ve uploaded several gigabytes of video files.)
5.Hope you like converting videos. A lot.
Most of your audience will likely watch your videos from their desktop or laptop with the benefit of a high-speed Internet connection. For those folks, you’ll want to deliver a large, HD-quality file so they can watch it full-screen if they so choose. Generally, this means a 1080p or 720p file at a high streaming bitrate (5000 – 8000 kbps).
But you’ll also want to encode a smaller, lower-resolution version for delivery to mobile devices like phones and tablets, as well as delivery to viewers with slower Internet connections.
Now you’ve got half a dozen or more individual video files for playback on all the major web browsers and devices. But how does your site know which of those files to serve to each person?
6.Video Players
A video player is a small piece of web software you install on your site that will automatically detect which device is requesting your video, along with its connection speed, and then deliver the appropriate version to that person.
There are dozens of excellent video players that will handle this task (like Video.js), but WordPress also includes a built-in video player that will eliminate the need for a third-party video plugin. That’s great news! But it gets a bit tricky…
7.Cumbersome Code [or Shortcodes]
Whether you use a third-party plugin or WordPress’ built-in video capabilities, you’ll need to create a bit of code to tell the video player which formats you’ve created, as well as their location on the server. It looks something like this…
<video poster="movie.jpg" controls>
<source src="movie.webm" type='video/webm; codecs="vp8.0, vorbis"'/>
<source src="movie.ogg" type='video/ogg; codecs="theora, vorbis"'/>
<source src="movie.mp4" type='video/mp4; codecs="avc1.4D401E, mp4a.40.2"'/>
<p>This is fallback content</p>
</video>
Even with the built-in support for video in WordPress, you’ll still need to construct a shortcode like this…
So now you’ve correctly assembled your shortcode, uploaded all the video files to your server, and you’ve installed a video player to handle all the “behind the scenes” detection and such. So after all this, why does your video look so much better in some browsers/devices than others?
8.Varying Quality Across Browsers
Remember earlier, when I said you’ll need to convert your videos into nearly half a dozen different formats and sizes? You’ll need a software app to handle this file conversion for you. There are hundreds of video conversion applications out there, and you may find that you need more than one to handle conversion into all the various format.
Unfortunately, every app handles the conversion process in a slightly different way, resulting in varying quality in your video files. Your video may look great as an MP4, but when you view the OGG file in Firefox, your video looks grainy or bitmapped.
Further complicating this issue, each web browser also handles playback differently, which means the exact same video file will look great in one browser, but horrible in another. I spent countless hours experimenting with the settings in my conversion software, but I never got this dialed in 100%.
9.Loss of Visibility and Traffic
YouTube is the most popular video hosting platform in the world. More importantly, they’re also one of the first places many folks turn when they’re searching for a topic. When you host your video on a third-party site like YouTube or Vimeo, you also benefit from their popularity, and folks could find your video—and subsequently, your own site—who otherwise wouldn’t have known your site existed.
Plus, the social sharing features on those services encourage other folks to share your video with their friends and family, increasing your reach.
10.Piracy
If you’re running a membership site with protected video content (like this site), you’ll want to ensure your video files can’t be downloaded by some nefarious individual and then redistributed illegally on file sharing sites.
I discovered this vulnerability the hard way, and spent the better part of a year sending DMCA takedown notices to file sharing sites, over and over again.
Because the video paths are easily exposed in the source code, anyone can simply copy the URLs, then download the videos to their own computer and redistribute at will. I found a script that obfuscated the video paths, but it wasn’t updated often, and eventually stopped working with my video player.
(BTW, one of the many reasons I use and recommend Vimeo PRO is that you can hide your videos from their public directory, and also specify a particular domain on which the video may be embedded. This ensures your videos can only be embedded on your own site.)
So what’s the best solution for adding video to your site?
Simply upload your video to a video hosting service, then embed your video into your WordPress post or page.
AND THIS:
https://help.vimeo.com/hc/en-us/articles/224976228-What-do-the-four-fair-use-factors-mean-
What do the four fair use factors mean?
The fair use factors are generally taken to mean:
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.How are you using the copyrighted work?If your use can be considered “transformative,” this factor will weigh in your favor.In other words, does your video alter the original work to give it a new meaning or shed new light on it? Uses that directly appraise or comment on the original work are more likely to be transformative because they add a new meaning or message. On the other hand, are you using the material because you needed to put something in a particular scene and the copyrighted work happens to fit? Such uses will probably point away from fair use.Your use doesn’t necessarily have to be “transformative” to qualify for fair use (although it definitely helps). Any use that furthers the public interest could potentially tip this factor in your direction. Parody, criticism, news reporting, scholarship, and commentary are all areas where courts have traditionally recognized fair use.This factor also takes into account whether your use is “commercial” or “noncommercial.” Videos that seek to make money or promote a product or brand are harder to justify under this factor. While videos that are purely for personal or educational uses are weighted a bit more toward fair use, non-profit intent does not automatically qualify you for fair use.
- The nature of the copyrighted work.What type of copyrighted work are you using?This factor focuses on the content that is being re-used. It weighs against fair use if the original work is highly creative (like a song, movie, or TV show), and will weigh toward fair use if the original work is less creative (like a phone directory, scientific data, or quotes from a historical record).
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole.How much of the copyrighted work are you using? Is the portion you are using the “heart” of the original work?Generally speaking, using a great deal of the copyrighted work weighs against fair use. Less extensive use generally weighs in favor of fair use. What is considered extensive depends on the total size of the copyrighted work at issue. There are no clear percentages or calculations that decide how much is too much or where fair use ends and copyright infringement begins. In addition, even relatively small uses can point against fair use if that small use is the “heart” of the work, such as a famous riff in a song or the climactic ending of a film.
- The effect of the use upon the potential market for or value of the copyrighted work.Can your use of the copyrighted work stand as a potential substitute for the original?Uses that might negatively affect the market for the original work strongly weigh against fair use. Uses that have little to no effect will generally weigh in favor of fair use.If people could watch your video instead of the original work, this factor is less likely to favor you. The point of fair use is to encourage the creation of more and better works of art, not to enable you to profit from works of others.
Important: Remember that there’s no formula for adding up the fair use factors. Different courts will interpret the factors in different ways. Claiming fair use always carries a certain amount of legal risk, but awareness of the factors above will help you decide whether you’re taking an acceptable risk.
allthingsunionbay 
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