How long (maximum) can my uploads of Howard Stern to YouTube be to be considered "fair use" clips?

I could be wrong,but i heard “36 seconds, for parody or criticism”.

However, there are loads of Howard Stern videos, and Opie and Anthony videos on youtube, and for the most part they are not taken down.

Youtube take down things at random, even if you own all the rights, someone can file a DMCA, you then either need to give your personal details to a youtube troll or take down the video. The system is a mess.

@poisonedantidote Filing a counterfeit DMCA takedown notice is a federal crime. I don’t know how much more deterrent you’d like for the trolls. Also, there is no time limit for Fair Use. The EFF has a very nice guide to Fair Use — I link it pretty much any time someone has a question about Fair Use.

@Kraigmo I’d recommend reading what the EFF says: they employ lawyers much smarter than me, and they write about this stuff very well. If Stern has left other videos from his show online, then your upload would probably be safe. But keeping it to 36 seconds or less isn’t really going to make a difference.

Fair Use is complicated, and you won’t stop a DMCA takedown by arguing Fair Use: you will get to file a counter notice where you contend that you have rights (like Fair Use rights) to use the video.

Of course, if you’re wrong, the other guy now has your contact information, and you’ve consented to federal jurisdiction in a copyright infringement suit. So, best of luck there.

Generally speaking, though, Fair Use involves four factors:

The purpose and character of the use
Using someone else’s copyrighted works to make money is less often “fair.” Using someone else’s copyrighted works for private viewing is more often “fair.” Using it for educational purposes is really “fair.

The nature of the copyrighted work
Using a factual work is more often “fair” than a creative work like a song. Contrast a news report with a New Kids on the Block song.

The amount and substantiality of the portion used in relation to the copyrighted work as a whole
This is where some people conjure up a “time limit” or “page limit” requirement. But there’s no hard requirement, and if you read Harper Row, you’ll see (1) a very nice walkthrough of the Fair Use defense by the Supreme Court, and (2) that using even a tiny fraction of a work may not be protected.

The effect of the use upon the potential market for or value of the copyrighted work
If you’re making an artist compete against himself with your use, it’s less likely to be “fair” — this is the argument the RIAA makes against people who download MP3s: you’re hurting the market for the actual song.