Fair's fair
As an academic lawyer this is such an interesting situation. I'd like to point out that the four enumerated categories of fair use set out in s.107 of the Copyright Act 1976 are not exhaustive. As many scholars before me have pointed out, they simply represent the threshold for the minimal amount of investigation by a court. There is absolutely no reason as to why a court could not find this a fair use if they were to interpret copyright in the appropriate constitutional context.