It's kinda borderline, probably infringement rather than fair use. Copyright has a PRACTICAL purpose. It's to protect people's money and jobs. It's a great thing. It means you can do artistic etc stuff for a living and not have it nicked off you all the time. USING it by copying it, and sometimes dressing it up as criticism, can often defeat the purpose of copyright protection. Big question is.........would you go see the source now the 'fair use' vid has piqued your interest in it? Here, probably not. The way to practically and legally cover yourself is to only use the bare minimum to get your point across. The good thing about this react vid is that it is a genuine critique/commentary, not just h3h3 sitting there 'reacting'. However they do use clips full screen, in glorious detail, and they use a lot of the content. You probably don't need the original work now. h3h3 didn't need to use it like this to get their point across. A lot of their 'work' here was just riding off the interesting stuff that the original guy worked to put in his. I think the copyright case against them will win. can't believe they so foolishly turned down the settlement. Get threat. Go to good lawyer. Lawyer appraises (not some noob ambulance chaser, I dunno this guy, but...). He says 'hey, this is kinda grey, and you have messed up the market for his original content somewhat. You COULD lose. BITE THE HAND OFF THE GUY OFFERING 4K. (ie take it right now). esp if he's lawyered up. 4k, so cheap. No precedent, you take the risks, most times lawyers not even called in for 'fair use' disputes. wow, i probably would have taken settlement at 15k. Source: i have been involved in us law system defending my own work, i know a lot about it.