It's almost certainly fair use. The Copyright Act explicitly allows the use of copyrighted material for purposes such as commentary, criticism, news reporting, and the like. Courts have historically been sensitive to First Amendment concerns when copyrighted materials are used for transformative purposes. In Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), the U.S. Supreme Court emphasized the transformative nature of parody as a form of commentary, giving it a wide berth under fair use.
Now, onto the crux of your argument about implicit commentary. Even if a work does not contain explicit commentary, the juxtaposition of clips alone can function as a form of critique or commentary. This is especially relevant when highlighting inconsistencies or ironies in public discourse. While there isn't direct commentary, the act of selectively piecing together these clips communicates a larger point or message. Courts often look at the 'purpose and character' of the use, and if it is transformative—adding new meaning or context—it's generally favored under fair use.
Thank you for explaining this. It is obvious if you think about it, but some commenters seem to think copyright can be used as some kind of loophole to shield public figures from exposure of their public behaviour.
You can do that if you want to risk a legal battle, but Youtube doesn't care about your legal battle until its over. The fact of the matter is that footage can be copyrighted and videographers have the right to protect their copyright. If I go film Trump giving a speech with the sole purpose of selling that material to news agencies and you decide to release that footage on your own platform, then you're at risk of infringing on that copyright. The only way to completely decide if you're infringing on their copyright is through a court case. Currently, outside of unique cases like "response videos," it's common for Youtube to side with the copyright owner. So I'm betting Youtube demonetized it for infringing on copyright.
I agree that YouTube will often side with the copyright holder - I’m a Rick Beato fan, and there’s a practical risk of demonetization or removal on that platform. However, it’s crucial to differentiate between what YouTube decides to do and what the actual law permits under fair use. YouTube’s policies don’t necessarily reflect a balanced interpretation of copyright law.
When it comes to copyright law itself, montage videos of politicians that serve a transformative purpose, such as critique or commentary, fit squarely within the realm of fair use, as established by various court precedents. So, while you may face a challenge on platforms like YouTube, the underlying legality of such videos is more accommodating than those platforms might suggest.
Now, onto the crux of your argument about implicit commentary. Even if a work does not contain explicit commentary, the juxtaposition of clips alone can function as a form of critique or commentary. This is especially relevant when highlighting inconsistencies or ironies in public discourse. While there isn't direct commentary, the act of selectively piecing together these clips communicates a larger point or message. Courts often look at the 'purpose and character' of the use, and if it is transformative—adding new meaning or context—it's generally favored under fair use.