I'll admit I used clips as a background to me talking, but most of the time they were attempted to be contextual to what I was saying.
Really the only time the content recognizer decides to flag my reviews is when I use a clip in it's entirety, which includes the audio from the clip, but obviously I'm prefacing those clips with context as to why I am showing them, thus:
- the nature of the copyrighted work;
Context is everything, and fair use is applicable given the context.
My original beef with Youtube's copyright detecting robots is that they don't understand context and thus will flag anything without even reviewing why or how much of it is there.
I'm saying they need to stop using robots and go back to a user flagged system, or some sort of moderation to the robots themselves to determine if they've found a feature film uploaded illegally or just a kid's birthday party that happened to be playing Katy Perry on the radio in the background.