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SpokenTruth said:
Immersiveunreality said:

Bold: Yes and no,ultimately the federal court can decide if something is fair use or not by using kinda tranformative rules.

These are the four main rules:

  • the purpose and character of your use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion taken, and
  • the effect of the use upon the potential market.

All of these rules are debatable depending on the side/position using them and that is what makes this all a bit tricky.

Debatable?  No. It's published material for marketing purposes.  Not debatable. And nobody is reusing the published material and claiming it as their own.

Still debatable in federal court,published material for marketing or not and i'm not talking about this particular scenario but the bolded generalization you made in the previous comment .

NobleTeam360 said:
Immersiveunreality said:

In order to not lose profit and that is understandable.

But I was told it was for the Art and the fans! 

Well,almost nothing is 100 percent one way or the other.