Yes. It's a simplification. Necessity isn't a criterion for fair use, it's the reason fair use provisions exist in the first place. Making satire of or discus

Yes. It's a simplification. Necessity isn't a criterion for fair use, it's the reason fair use provisions exist in the first place. Making satire of or discussing a copyrighted work without using copyrighted material is extremely awkward if at all possible. Internationally speaking (i.e. aside from the specific definition of fair use in US law), necessity is a good rule of thumb, just like profit/non-profit use.