(Also not a lawyer and not giving any legal advice here.) Some of the points may be true, but it is virtually impossible that these uses are fair. Here are so

(Also not a lawyer and not giving any legal advice here.) Some of the points may be true, but it is virtually impossible that these uses are fair. Here are some reasons: 1. While the content may be old, and the production quality may not be considered high by today's viewers, these factors are not really relevant. The quality of the reproduction of the works, meanwhile, is good enough that they can be effectively viewed; while these may be less marketable than a copy made from a master, this is more than faithful enough to serve as a market replacement for the original (and thus infringes). 2. The current overall market value of the works is irrelevant. The question in an infringement suit is not whether or not there is a market for the work; it is whether or not whatever value the work could have is affected by the re-used version being used as a replacement. A popular work may have a greater market value than an unpopular one, but copyright law does not protect works based on popularity. Even if the actual market value of the original is near zero anyway, this does not make giving away free copies a fair use (since that destroys whatever market value the original could have). 3. The work has not been transformed in any way. The reproduction is faithful (to the extent this was technologically possible). The copies tend to be of the entire work. The purpose of the work (display for viewing) is the same as the original purpose; there is no transformation. The channel here is reproducing the original works in their entirety. These copies serve as a good substitute for any copies the original copyright holder could be making and selling/licensing. This boils down to the question: do these copies fulfill any demand there might be for the originals? The answer is yes. This is not fair use. The question of whether or not a copyright holder strictly enforces the copyrights — in many cases, they don't — isn't relevant; they remain valid. Now, for a lot of people, this seems unfair. The original works are often not available on the market. A lot of people think that non-marketed works should be able to be copied by non-profits for the public's use. But that's not something the law allows.