Copyright and fair use are complex and often depend on the details of the situation of use. As a result, Professor Grimmelmann insisted on not getting too specific; he didn’t want to give bad legal advice.
You can research the issues further with the following resources:
- ChillingEffects.org’s FAQs about DMCA notices
- YouTube’s DMCA takedown policy
- the Electronic Frontier Foundation’s articles on DMCA takedowns
- media literacy professor Renee Hobbs’s book on copyright, sampling, and education
- a wiki related to Hobbs’s book
- the Center for Social Media’s code of fair use best practices for documentary filmmakers
- and the National Council of Teachers of English’s fair use best practices.
It may be interesting to compare the different best practices documents!
Here’s another take on the National Organization for Marriage video which we found very edifying for its comparison of the produced and unproduced clips.