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    Ah. This upends my understanding of it. I think I may have been confused by the fact that, apart from a few examples, this doesn't specify exhaustively what does wne does not constitute fair use. See, I thought the important thing about fair use is that, not being codified, it's open-ended about what doesand does not constitute fair use, allow ing for novel applications. But since the law is itself open-ended, that does the same trick, I guess. So one would not be precluded from making a fair use claim on a usage that was novel. I suppose we see that in the claims that AI training is fair use.
    – Michael Atkins-Prescott
    Commented yesterday
  • 6
    @MichaelAtkins-Prescott there’s a well defined common law test for fair use that was developed by the US Supreme Court, but fair use itself is in the Copyright statute.
    – Dale M ♦
    Commented yesterday
  • 2
    the quoted wording doesn't cover the OP's "parody and satire" except for instances where the parody / satire is intended as criticism. Quite often, parody and satire are intended for humor (and sometimes for deception). But the S. Ct. mention of free speech covers it.
    – WGroleau
    Commented 16 hours ago
  • 2
    @WGroleau it's usually covered by "comment", "criticism", or "news reporting". I don't think "deception" is covered by "fair use".
    – littleadv
    Commented 15 hours ago
  • @littleadv, neither do I, but there's a heck of a lot of it going around.
    – WGroleau
    Commented 12 hours ago