Fair use is entirely dependant on the context of the content. It is never really a “clear case”.
It’s decided on a case by case basis by the courts.
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Sure, but historically, no one would bother taking such a case to court because the supposed damages from a video in that kind of case are obviously non-existent.
The ability to spam these kinds of take-downs at essentially zero cost and with no ramifications for the chilling effects and false claims create an environment where it is the norm.
Sounds like an opportunity for a classic class action lawsuit.