That's not a fair statement to make. It can influence a judge's decision on whether something is fair use, but it can still be fair use even if you profit from it.
The doctrine of fair use presupposes that the defendant acted in good faith.
- Harper & Row, 105 S. Ct. at 2232
- Marcus, 695 F.2d 1171 at 1175
- Radji v. Khakbaz, 607 F. Supp. 1296, 1300 (D.D. C.1985)
- Roy Export Co. Establishment of Vaduz, Liechtenstein, Black, Inc. v. Columbia Broadcastinig System, Inc., 503 F. Supp. 1137 (S.D.N.Y.1980), aff'd, 672 F.2d 1095 (2d Cir.), cert. denied, 459 U.S. 826, 103 S. Ct. 60, 74 L. Ed. 2d 63 (1982)
Copying and distributing someone else's work, especially without attributing the original, to make money without their permission is almost guaranteed to fall afoul of fair use.
