Fair Use Is Fair To Whom?

Wired Magazine provides more depth to the Tech Bubble 2 video debate and gives some voice to the other side of the issue in two articles.

Copyright Claim Erases Parody Video From YouTube | The Underwire from Wired.com

Why Lane Hartwell Popped the 'Here Comes Another Bubble' Video

This seems to be one of the most important issues facing the Internet today. It is far easier to cry "Fair Use" when its a multi-million dollar media firm stopping the use but if its a solitary artist the same principle is not quite as easy to apply. The fact that Lane Hartwell as let this be known before should have least given some pause to using her work. Though, despite not being a lawyer, I have to question if the parody needs to be direct or the picture only needs to be used in the creation of parody.

However, if it is truly parody, then Richter Scales should fight to get it put back on. If it is not parody and fair use does not apply then Richter Scales should apologize and edit the picture out of the video. How hard can that be? There is no easy answer though. The question is not merely a personal one between parties though as this Slashdot articles informs us Slashdot | Fair Use Worth More Than Copyright To Economy. Personally I could serve on a jury for this as I can see both sides of the argument, though you will notice I am keeping the video up so that could disqualify me. The three articles are being added to the "What Is Civic Media and Fair Use?".