It's not subjective and it does not need a court to decide. Fair use content is transformative, used for commentary, reporting, criticism, research, education, etc. And the fact that @YouTube gladly gives ad revenue to copyright holders is an unprecedented practice.
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Considering that copyright holders have no legal claim to the revenue of documentaries that utilize copyrighted content, nor do they have right to the ad money from CNN when they use copyrighted material, why do those holders get to monetize my content - no questions asked?
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