Ideally fair use would be defended, it is the law of the land, and when a takedown notice was emitted maliciously, with known bad faith, the actor that did that would have to pay for the amount of time that the legal content was down.
I've read criticism of media I've never even heard of (and learned some insightful things), so clearly the original IP isn't always the pull, and even if it was I don't understand how talking about something suddenly means I need to pay the person who owns the intellectual property of the thing I'm talking about. I think it would make criticism less likely and put us in an even worse situation than today, when large corporations often use the DMCA to take down clearly fair-use criticism. Just a further stifling of speech.
Also, fair use has been around since the eighteenth century, even if in the US the US 1976 Copyright Act made fair use statutory.
Why would fair use law go away? Fair use for the purpose of critique is maybe the best & most favored defense of fair use by the Copyright Office, and ties together necessary copyright exceptions for supporting Free Speech and journalism, among other good reasons. Things also seem to be moving in the opposite direction with recent precedent deeming some AI uses transformative fair use. YouTube has done more that it’s fair share of playing fast and loose with copyrights for a profit, but YouTube, and more broadly Google, depends on fair use for massive portions of their business. I don’t see fair use going anywhere anytime soon.
At least that’s how I read the comment and I agree.
It will remain necessary only as long as people do this.
The first two words of the first comment are “You should” then your follow up grammatically evaluates to “I’m not telling you what should happen”.
All they did is point out that suggesting people should post to YouTube exacerbates the network effects you allude to.
The world sucks. You get to choose your response and if you choose wrong your business gets Darwinned. I've told you what actions I think will avoid your business getting Darwinned, but your response has been denial. Your response was essentially: "wow, fuck you for telling me the world sucks. Here's a non sequitur to try and make you feel bad."
At the bottom he notes: "I’m sitting in the UK as I write this. Under UK law, I believe this should constitute fair dealing: the purpose is quotation for criticism and review, and this single screen capture is in no way an alternative to paying to see the original film. The film comes from the USA, and under USA law I think it similarly constitutes fair use: it’s for non-profit educational purposes, the amount of the full work used is extremely small, and the effect on the value of the full work negligible."
I took down my entire "Behind The Screens" YouTube channel and transferred it to my own site: https://behind-the-screens.tv because of copyright notices from YouTube that were heavily skewed towards the studios and I didn't have the energy to fight what was clearly fair use in my videos.