... again, I don't see a transformational use of the music in the video. If RevoLucian were sufficiently antisocial, for instance, he could sue the dude who made a YouTube video out of his O'Reilly Dance Remix, because simply adding the video to go with the audio, from the exact same Inside Edition rant, would likely not pass a judge's transformational test.

However, in the real world there has been much skittishness over the years about using ANYTHING that comes from Big Media over fear of legal action. This document suggests there is a way out of that, by distinguishing pure ripoff (e.g., last night's Colbert reposted to YouTube) from creative reuse (the famed, 100% Viacom-approved Colbert mashups).

Also, remember these guys have a track record. Pat Aufderheide told me that after their statement on docufilms came out in 2005, Kirby Dick used more than 150 classic Hollywood movie clips in his documentary about the MPAA ... and didn't license a one. If you've seen This Film Is Not Yet Rated, you'd know why - and see a textbook example of transformational use.