At this point, copyright has been expanded to the point where fair use is virtually meaningless and unenforceable. My favorite moment was when the copyright lawyer for Mary Kay, Inc., as an SCA volunteer, claimed that "fair use doesn't exist" which she later defined as "fair use doesn't apply to the SCA."

Commercial ventures-- including criticism and reporting-- are not excluded from fair use, IF the balance of the 4 point test is on their side. Test #4 is not just "are you going to make money off it" either-- it's "will people buy your work instead of that owned by the copyright owner"...