Legal Question in Business Law in California

I am starting a monetized video series on YOuTUbe where I interview artists about their life and work. I want to include a section where the artist goes on their Instagram to talk about photos from their profile and talk about other artist's they admire.

I would do a screen capture of the artist as they click on their photos and the photos of other artists works on Instagram, maybe going on the artist's website too, to talk about their work.

I don't think any artist featured would complain, as it's free publicity in a positive light. But I am concerned with Instagram not liking that I use a screen capture of their interface, even if it were for only a few minutes of a 1+ hour video interview. Alternatively, I am thinking I will do a screen capture and then just use screenshots of the photos that the artist refers to (so there is no Instagram interface). I would prefer option 1 because I think it would be more engaging for the viewer to see the artist scrolling through Instagram to the profile, showing the artist's profile, and seeing likes/comments left by users on each post discussed. Just cutting to pictures would be less engaging.

My question is:

Would this be considered fair use?

Summary of details:

-for-profit

-somewhat transformative & educational (artist is commenting on the photos, why the artist's work is significant to them and relevant to art world) >> Justification: https://fairuse.stanford.edu/case/harper-row-publishers-inc-v-nation-enterprises/ [Harper & Row Publishers, Inc. v. Nation Enterprises]

-duration: probably 4-8 mins out of a 1-2 hour interview in which Instagram interface is shown

1 Answer from Attorneys

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