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Originally Posted by gideongallery
that a circular proof and you know it, your right to do it is dependent on if the fair use is valid or not, you can't say it not fair use because you don't have the right to publish/distribute. Because if it is fair use then it is completely outside the scope of exclusive rights of the copyright holder and NONE of the restrictions exist
what to point me to the section that says anything about personal use vs public use.
By definition commentaries are public. if you made a commentary that only you could hear it would be a commentary, it would be talking to yourself.
you said
being 100% was your justification for arguing it was not fair use, time shifting proves that not a valid justification
now your going back to a justification that doesn't exist in the list (like your bullshit number of seconds).
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This is very simple.
Timeshifting allows you to record a show you paid for to watch whenever you want. It doesn't give you the right to distribute/publish it.
Fair use allows you to use part of someone else's content in specific ways and allows you to publish/distribute it. One of those ways is if you are making commentary on said content. It doesn't, however, give you express permission to use 100% of the content for this purpose. You have to take it on a case by case basis. If the whole of the content you are commenting on is a 4 second long video clip then using 100% of the content and posting a short 1 sentence long piece of commentary could easily be seen as reasonable. However, it would be very hard to say that posting a full 60 minute video and saying, "this is my favorite movie" as your commentary is legit fair use.