http://en.wikipedia.org/wiki/Fair_use
Otherwise he would see how easily his 90 seconds segment of the film can't be treated as the fair use:
"In 1985, the U.S. Supreme Court held that a news article's quotation of approximately 300 words from former President Gerald Ford's 200,000 word memoir was sufficient to constitute an infringement of the exclusive publication right in the work"
There are some VERY important points about this ruling. The judges ruled that this 300 words violated right of first publication. These quotes were effectively taken and printed PRIOR to publication of the book, and materially damaged the authors.
From Wikipedia: "The purpose or character of the use was commercial (to scoop a competitor), meaning that The Nation's use was not a good faith use of Fair Use in simply reporting news."
This is equivalent to PopStar X about to release a groundbreaking song that they are going to premiere on MTV and then VH1 gets a copy from an intern and plays 30s of it before MTV does. The court is saying that you can't claim Fair Use here... I think this is fair and reasonable.
However back to the wikipedia Fair Use article: "(...) the quantity or percentage of the original copyrighted work that has been imported into the new work. In general, the less that is used in relation to the whole, e.g., a few sentences of a text for a book review, the more likely that the sample will be considered fair use." and regarding the use of samples: "Samples now had to be licensed, as long as they rose "to a level of legally cognizable appropriation.""
His 90 seconds clip of the movie is the 100% of his video "creation" and is also a clearly "recognizable sample."
Finally "To justify the use as fair, one must demonstrate how it either advances knowledge or the progress of the arts through the addition of something new."
It's really hard for him to claim fair use, knowing how fair use is judged in court practice. There's huge difference in our idea of fair and what's considered "fair use" in the current law practice, which makes precedence.