The lawyer doesn't even get it. Fair Use is a right (not just a defense). The law recognizes the right to use another's material for purposes of criticism, teaching or expanding on the original idea. You assert your right in defense of yourself. You have a right of self-defense that you assert in defense in yourself. That's how it works. I love how hard they try to make it seem like cringe videos are illegal, when in reality they are super legal. She is mad that she created a video designed for public consumption, put it in a public forum, and somebody saw it and decided to disagree with it.