YouTube as a reference source

Although an infrequent user of it, I’m a fan of YouTube, and some of my favorite uses infringe copyright. I’m not talking about illegally watching movies or full TV shows. Instead, I’m talking about using YouTube as a pop culture reference source. Frequently, I hear about a short clip or event from a TV program that ran in the past and is unlikely to be repeated in the foreseeable future (e.g. Jon Stewart on Crossfire, http://www.youtube.com/watch?v=aFQFB5YpDZE). Or, I might hear about a viral video freely available on YouTube that would otherwise be nearly impossible to see in an authorized manner (e.g. Tom Cruise – Scientology Rant, http://www.youtube.com/watch?v=O53NlkPhQpE). Or, I might hear about an artist who is no longer popular, and it might be difficult to find samples of his live performances through any authorized source (e.g. Wreckless Eric – Whole Wide World, http://www.youtube.com/watch?v=DSjwl8lHEVE). Arguably, none of these clips fall under a recognized fair use exception. Although there are sometimes alternative ways to find these clips (e.g. many shows offer full episodes or highlights online now, and other YouTube-like sites exist such as www.spike.com), some clips, like Tom Cruise’s Scientology video would be unavailable to most viewers. Although I don’t support wholesale copying and distribution of copyrighted materials, I would like to see Congress or the Viacom v. YouTube court carve out a fair use niche for these kinds of small-scale but useful infringements.