Fair Use is a circumstancial definition in the law. It is not clearly defined and needs a court case in order to apply. Therefore I still think that the assump

Fair Use is a circumstancial definition in the law. It is not clearly defined and needs a court case in order to apply. Therefore I still think that the assumption of Fair Use to apply is wrong. However, the assumption of copyright to apply on the other hand is correct. But, referring to whether fair use exists or not, I agree with you that technically it exists. But as the rest of the very same law criminalizes by default, you can still not refer to fair use if you do not have the required-by-law evidence at hand for it to apply. I think that fair use is almost always nearly impossible to prove, that's why I wrote my statement like this. And I agree that it was worded badly.