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by nutjob2 83 days ago
I think people misunderstand the 4 tests. They are not in-or-out tests. Commercial use doesn't mean it's not fair use. Each factor is weighed against others.

In this case this case the purpose is for critique or review and it justifies fair use since the clip is only a small part of the video, GN isn't in the same business as BB and isn't substitutive for BB's work, and the clip was a recording of a factual event and had didn't have a substantial creative element.

1 comments

Yes, exactly.