Elliot Harmon has published "Don't Sacrifice Fair Use to the Bots" in DeepLinks.
Here's an excerpt:
It's easy to see the impact that Content ID has had on the YouTube community—a simple search reveals hundreds of videos about how to avoid a Content ID takedown, with litanies of guidelines about keeping clips to a certain length, adding a colored border to them, or keeping the copyrighted content in a certain corner of the screen.
That's the problem. The beauty of fair use is its inherent flexibility. The law does not provide specific rules about how long of a clip must be for you to use it in your parody or criticism or whether it can take up the full screen. But in a filtered Internet, the algorithms create new restrictions on our online speech. The danger of mandatory filtering is that machines will replace human judgment.
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