- You cannot rely on fair use to protect a general policy because fair use determinations are made on a case-by-case basis.
- Fair use is a defense, not an exemption, and accused infringers will bear a heavy burden of proving in court that their use was fair.
- If a license is available, then your use ‘harms the market’ for that work and cannot be fair.
- For digital transmissions, Section 110 trumps fair use. If a use does not qualify for 110 protection, it cannot be a fair use.
- If a video is marketed for educational use, it cannot be transmitted digitally under 110(2).
I can see this article starting many useful conversations, especially around his first urban legend. General policies are good, but I expect that some (like me) would fear that such a policy would be abused. The only way to ensure that such a policy is not abused is through copyright education; something that we don't do enough of.