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Let me spell this out, cos I'm not getting through - I am not claiming that because my use is not profitable that it is fair use. I am not that dumb. I am claiming - asserting, even - that judges take it into account when they decide whether the use is fair or not. As far as I can tell, all I have to do is please 'fair use' as my affirmative defense. Then, the guidelines - and special cases such as parody - come into play.
Please, go to:
Read the bit that says quite clearly that "In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;"
If you still disagree with that, please take it up with your local Representative or whatever, because that is under the heading "Copyright Law of the United States of America" on a government web site.
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