[Labyrinthos]

That’s a common misconception, but it is not strictly true. There are fair use exceptions even for profit. For example, if a news station wants to report on something, like a movie, they can show a short clip of it to accompany their commentary, even without permission of the person who owns the copyright. And news stations are certainly run for profit.

No misconception on my end. 17 U.S.C. § 107 specifically provides that "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright [emphasis added]"

Although I agree that "fair use" may apply in limited commercial settings, I dispute your statement that the use of the video "clearly" falls within fair use. It is anything but clear.

[Boogieman]

“No misconception on my end. 17 U.S.C. § 107 specifically provides that “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright [emphasis added]””

Oh you didn’t just add emphasis, you selectively edited the quote to remove key relevant words which precede the section that you quoted. Let’s correct that, shall we?

“Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—”

Notice the words “such as” that you omitted. In legal terminology, those denote the succeeding list is not exclusive; it does not attempt to list all uses of a work which may be considered fair use.

Also note the language “the factors to be consider shall include”. This means all the factors that are listed below shall be considered by the court, but that the court is not limited from considering other factors, and in fact, courts have and do consider other factors.

Then note that “commercial nature” of the work is only 1 of 4 factors that are required to be considered. Which means a work may be commercial, and still be found to be a fair use based upon the other 3 listed factors, or upon such other factors that the court may consider which are not listed.

“I dispute your statement that the use of the video “clearly” falls within fair use.”

You can dispute whatever you like, it’s a free country. Just don’t try to falsely claim that commercial use bars a fair use exception, since it does not.