> I do believe this can be still solved with a technology, they just have to care. For instance fair use is very hard to identify accurately but it's not impossible. There is less than 0.01% cases when it can't be decide automatically.

Fair use is not a definition -- it is a legal doctrine. Conclusively determining whether a video is fair use not only impossible for a computer, it is impossible for people. The only way to determine whether a video falls under fair use conclusively is to conduct a Federal trial and a series of appeals.