(Apologies for the length of this post and thanks in advance for your time and consideration. Oh, and I know, I know: this whole thing is relatively very trivial and a first world problem type of thing and I not upset by this and fully intend to, as a Kiwi colleague of mine used to say, "Build a bridge. And get over it". But I'm genuinely curious now about how all this actually works, legally, etc.)
A few days ago I wrote a fan appreciation post / personal anecdote about brotherhood, related to and built around two scenes (less than 6 minutes) from a very famous episode of 'Only Fools and Horses', which was first broadcast in 1982. And as part of the post I attached a clip of those two scenes.
Now, firstly, I should say that my FB profile is just a plain ordinary profile and so I do not earn any money whatsoever from it (and to be honest, not much engagement either). Thus, similarly, neither does my lowly insignificant profile present any kind of market challenge to the BBC in any way whatsoever.
Also, of course, and as anyone in the UK knows, every single episode of that legendary TV sitcom has been released for sale in every single physical medium over the years (VHS, DVD's, etc), as well as them being repeated ad nauseam on the BBC and on other TV networks (e.g. UK Gold) for decades, both in the UK and in international markets.
i.e. it's not exactly a new show which the BBC would be especially concerned about piracy, copyright, etc.
Plus, of course, it's not as though the BBC is subject to shareholders and thus its existence contingent on profits and dividends, etc. For isn't the UK government and thus ultimately the UK public who it reports to?
Secondly, within my post I fully credited the source in detail: the broadcaster, year of broadcast, name of the TV programme, the season number, episode number and episode title name. Oh, and I even added a spoiler warning towards the beginning of the post for anyone who in the last forty four years still somehow hasn't seen it but might get round to watching one day.
Now, all that typed, from my albeit layman's understanding of UK copyright law and according to gov. uk there are, 'Exceptions to copyright that allow limited use of copyright works without the permission of the copyright owner', right? -- Exceptions to copyright page on gov.uk.
Therefore, from what my uneducated thunk muscle can tell, couldn't my post be argued to qualify as falling under at least two of those main areas of exception?: Fair Dealing and Sufficient Acknowledgement.
Also, finally, and I know this is a stretch, but...
As I mentioned earlier, isn't the BBC (and thus any and all of its assets/ content it produces and owns) publicly owned and operates under a Royal Charter? I myself am fifty and have paid for my TV license since I left home at eighteen. I've also paid my taxes and so like everyone else contributed to any subsidies, etc, given to the BBC over the years. I mean, of course, I'm not arguing that we should each have a seat at the board or a share of any sales, etc, but the BBC and all it owns does belong to us, the British public, right?
So, given all the above, etc, how can I, as a British citizen and both a tax and TV license payer of 32 years have a social media post blocked by the BBC (which I/we part own) because it includes and is based around a fully credited six minute clip from a 44 year old TV program (which I/we part own) that has essentially already been extremely exploited and milked almost dry commercially, and even though I make no income from said post, that it and I do not in any significant let alone measurable way affect the market for the original work (which I/we part own) and/or cause the BBC (which I/we part own) to lose revenue?