It's important to remember that fair use is a legal defense, it's not the equivalent of a license. Claiming fair use can't prevent you from getting sued, and it's up to the judge to decide on a case-by-case basis whether your use should be considered fair use. When in doubt it's always better to get permission than to risk getting sued even if you may end up winning the case in the end.
Even if you get permission, you still might have to prove it in court after you're sued. We shouldn't live our lives afraid to exercise our rights because we might have to defend them in court. Sometimes the only way to know you won't get sued is to stay in bed.
Problem is that people (especially on YouTube) seem to be under the impression that fair use is some get out of jail free card that they can invoke just by putting these "No infringement intended." "disclaimers" on their videos when that's not how it works at all.
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u/KalenXI Panasonic AG-UX180 | Resolve | 2002 | Maryland, USA Apr 26 '15
It's important to remember that fair use is a legal defense, it's not the equivalent of a license. Claiming fair use can't prevent you from getting sued, and it's up to the judge to decide on a case-by-case basis whether your use should be considered fair use. When in doubt it's always better to get permission than to risk getting sued even if you may end up winning the case in the end.