Hmm, I suppose in this hypothetical example, I know that this somebody isn't using that clip in their work because I specified "on its own" and "without any tra

Hmm, I suppose in this hypothetical example, I know that this somebody isn't using that clip in their work because I specified "on its own" and "without any transformative addition/change". If you are embedding the video in the middle of a document, its clearly not on its own and has been added to. However, if you embed 10 minutes of a video in the middle of your document, now that might be too much to be considered fair use. I think your point is that a weaknesses of the algorithm I proposed is that media considered "fair use" could be flagged as infringing. My response to that is that Google already has procedures for dealing with images/videos that were questionably reported as offensive.