Can it be both a small business and "non-commercial in nature"? Because that's at the crux of his fair use claim I think.
I don't see where he says that. He says he's never profited from selling other people's material. I think he considers putting up content for free with ads to not be selling content.
Which is a pity as it would be nice to be able to use music cues to set the mood and enhance the experience.
Id have loved to used a clip from Bettye Swann's "then you can tell me goodbye" at the end of our recent Expanse one shot.
It’s one of the aspect that the usage is evaluated on, but not a requirement.