No, fair use is not "presumed." Exclusive use by the creator is presumed, since the text of the Constitution literally says "exclusive rights." At the time the

No, fair use is not "presumed." Exclusive use by the creator is presumed, since the text of the Constitution literally says "exclusive rights." At the time the Constitution was written, society profited when people sold their inventions or creative works. And the purpose of patent law was to reward people for inventing or creating by allowing them to recoup the costs of inventing and creating. There was no fair use exception back then; courts were extremely harsh on copyright and patent law offenders. It wasn't until Congress codified "fair use" into the law in the 1970s. https://msu.edu/~mcgrat71/Writing/Fair_Use_Rife.pdf https://msu.edu/~mcgrat71/Writing/Fair_Use_Rife.pdf