It's commentary on the original work. Clear-cut case of Fair Use.
The major problem lies in the fact that the burden of proof is on the fair user, not the rightsholder to the material that was used. In practice, Fair Use doesn't actually protect the vast majority of people. Probably because it's only applied to anyone other than companies in the entertainment industry (who can afford lawyers) all that often in the past ten years.
On the post: Pissing Off A Movie Critic By Claiming Copyright Over A Video Review... Probably Not Smart
The major problem lies in the fact that the burden of proof is on the fair user, not the rightsholder to the material that was used. In practice, Fair Use doesn't actually protect the vast majority of people. Probably because it's only applied to anyone other than companies in the entertainment industry (who can afford lawyers) all that often in the past ten years.
The law is so outdated.
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