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I talked about this in 2007 on my site: The problem with fair use and YouTube is, as at least one commenter above pointed out, that something that is a fair use on your site, after you embed it, may not be on YouTube's site. However, I have to agree with others here, the copyright holder shouldn't get to decide what is and is not a fair use. I agree YouTube had cause to block the video but, after you made a fair use claim I think it should have been on the copyright holder to either file a proper DMCA notice or take the matter into court. As it sits right now, rightsholders can rely on the content ID system to shut down fair uses of their work and not expose themselves as they would with a DMCA notice. I'm very impressed with the YouTube system and how they favor creator choice, but there does need to be some balance.
Toggle Commented Sep 17, 2010 on YouTube vs. Fair Use at Coding Horror
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Sep 17, 2010