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What you're saying is the definition of an affirmative defense: An explanation for a defendant's actions that excuses or justifies his behavior.
Claiming protection under the fair use provisions in copyright law is an affirmative defense. Claiming that a work is a parody of the copyrighted material in question is valid justification for a fair use affirmative defense. Claiming that because your use is not profitable it is fair use is an attempt to use that as an affirmative defense, whether you are aware of it or not, but there is no legal basis for such, therefore it is entirely invalid.
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