Originally Posted by gideongallery

first of all the person uploading it is not using it in a commercial manner, they are not getting paid when that video is being viewed so fair use applies. The fact that youtube is making money doesn't matter because just like sony in the betamax case they are not making money directly from the infringement, but indirectly from the advertising surrounding the service for the fair use right (like the 1k purchase price for the vcr)

Second every copyright holder who claims the copyrights is "accidentally" liciencing fair use when they register/claim copyrights. So yes those people do have such a right.

Yes the owner does not have sole rights to the content.