Technology often moves faster than our ability to totally grok the implications and it sure moves faster than the law. That's why today's release of a Code of Best Practices in Fair Use for Online Video is so interesting - a group of lawyers and media professors attempted to find a middle ground in the rights of content owners and of remix culture.
Fair Use has an incredibly gray definition and for this reason it's been hard for the average Internet user to truly understand their rights. The solution for Fair Use might actually come from the creation of a business model around derivative works rather than solely a brightline rule on what is, or is not, appropriate.
Congrats especially to Tony Falzone at Stanford Law School who is also working on cases defending Fair Use against the protests of Yoko Ono and JK Rowling.
[these opinions are just my own - do not necessarily represent my employer]