Courts have said time and again that the fair use doctrine may be "'the most troublesome in the whole law of copyright.'" See, e.g.,
All Is Not Fair In Love and Warhol
A new balance must be struck between the new use and the exclusive right of authors to make derivative works, and part of that balance includes a clearer focus on the statutory fair use factors as well as the commercial nature or not of the new work. As a practical matter, how much the decision changes in this "troublesome" area remains to be seen.

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