I think a lot of this is essentially governed by ‘who’s asking’. If you post a Seinfeld episode transcript somewhere, it’s copyrighted, but it’s unlikely anyone will care. If you post an Aerosmith song mp3, you’re attracting a DMCA notice like a magnet

In other words some of the technical fair use analysis —- is this replacing the value of buying the content etc —- is also kinda duplicated (or I guess originates) in who is concerned