Item — HN Reader

Actually fair use falls firmly on the side of copyright holders when a claim is made, until it is disputed in court.

The provision for it is to take it to court. That is the only option. There is nothing YT can do if a claim has been made.

So it’s right that there isn’t a counter claim system in place for fair use here.

1 comments

I'm not sure why this is being downvoted because it's exactly correct from a the current legal position (as far as I understand it). An automated system can't reasonably be expected to establish, for example, whether copyright content is being used for the purposes of parody. Similarly, a copyright holder has every right to disagree with your determination of what is parody or transformative works, there aren't any simple rules to get around that.

Whether that is a sensible position for us to find ourselves in is another question.