When it comes to YouTube forget about the concept of fair use in certain circumstances:
When content is removed from the Internet following a DMCA complaint filed by a rightsholder the user who uploaded the content gets a chance to file a counter-claim. If successful this should reinstate the content but on YouTube things now appear to be working somewhat differently. It transpires that YouTube has a special deal with Universal which sees content taken down at the record label’s request and DMCA counter notices blocked with no chance of appeal.
“YouTube enters into agreements with certain music copyright owners to allow use of their sound recordings and musical compositions. In exchange for this, some of these music copyright owners require us to handle videos containing their sound recordings and/or musical works in ways that differ from the usual processes on YouTube. In some instances, this may mean the Content ID appeals and/or counter notification processes will not be available.”
I had a video on YouTube which contained a scene from Star Wars about how crappy the librarian was. It was taken down under the DMCA by Fox despite what I thought was clearly fair use. I could have follow-up but really, I don’t have the time nor the funds so I just took it down. On a certain level I understand that YouTube’s position in this scenario sucks, but there are larger issues that need to be addressed.
Read the full article @ TorrentFreak.