The claim (which I'm not qualified to judge) is that this use falls under fair use. The point of fair use is to allow some use of copyrighted works even if the

The claim (which I'm not qualified to judge) is that this use falls under fair use. The point of fair use is to allow some use of copyrighted works even if the copyright owner does not license it to you and even if the owner is explicitly hostile towards your usage. If it is indeed fair use, then the license doesn't matter because that's not the thing that's allowing you to use the work.