I don’t think they get Fair Use.
The video in question was a few seconds of Garth Brooks performing American Pie (which is owned by Don McLean) at the We Are One Concert. What I intended to share was the reaction of the crowd. Everyone was singing along, and the crowd went wild whenever Obama came on the screen. This wasn’t shot for commercial purposes, nor to show Garth’s performance of somebody else’s song. It was to show the excitement and the energy of the audience at the concert.
Its a shame youtube yanked the video, but far more of a shame that Garth Brook’s label, Pearl Records, felt the need to issue a complaint. There was nothing wrong with the video, and now my account on youtube has one strike against it.
Well done Pearl Records.