Making media- any media- is expensive. It requires substantial up front investments in time and manufactured goods to create, duplicate, and distribute anything. The courts’ easy reliance on a not-for-profit standard for fair use ignores the reality that artists, no matter what they choose to do, need to support themselves and their work with a return on their investment just like everyone else. The currently applied ‘nonprofit’ standard simple assures that only the independently wealthy may dabble in fair use.
An excellent essay on Fair Use by Negativland that is equally relevent to NC