I wonder if you could preface a commentary video with something like "as any first year law student knows, commentary is quintessential fair use, therefore, by reasonable person test, only a malicious agent would file charges along that line, especially with this disclaimer. Thus, any copyright claim will be met in court with anti-SLAPP, harassment, stalking, and malicious prosecution claims, both civil and criminal."

Everyone gives their cutesy friendly "Fair Use" disclaimer, and those clearly just don't work. I think some people need some court trials and some millions in legal costs down the drain (on the defense even if not in a court loss) in order to chill the aggressive litigation.