It's not youtube it's the music industry.
That's how the law works. Precedence has been set and the courts didn't define this as fair use, so it's not fair use. The terms are defined by being tested in courts and this one has already been tested, so that's what the term means and this is not fair use based on that.
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What precedence are you talking about? Fair use is not some blanket standard that covers all situations, it's judged on case by case basis. Lyrics and the song and other materials can all be fair use, depending on how it was used and how you got the material in question.
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Yes, I'm talking about Jack's usage of singing a song on a video. I said courts didn't define 'this' as fair use, as in singing a song for profit. It's performance of a copyrighted song without permission, basically a cover, which needs permission as covers aren't fair use.
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