(This is part of why the vid as argument paradigm bugs me: to me it's shoehorning vids into an ill-fitting container in order to make a legal argument about vids as a whole being fair use. The thing is ... I don't actually think all vids would wind up winning w/ a fair use argument if a claim was brought up against them, especially wrt the audio. But positioning a vids as arguments sets the stage for a fair use claim.)