The problem is that "fair use" is the purview of the courts. Yes, there's this thing called 'common sense' that you and I have and can see what fair use should

The problem is that "fair use" is the purview of the courts. Yes, there's this thing called 'common sense' that you and I have and can see what fair use should be. But there's no legal definition that is satisfactory for determining fair use in advance. So, the copyright holder sues, you pay for your defense, the court says "fair use" and everyone goes on their merry way (except poorer. which in the case of individuals is typically unacceptable, so they cave to settlement and a "fair use" defense is obliterated.) But what's really obnoxious is this: the streaming feed of the Hugo Awards that was killed was better than fair use, it was licensed use. The automated systems have absolutely no way of determining who has licensed content and who has not.