It might also be fruitful to discuss "which direction are the copyright laws going?"

After all "Fair Use" were being practiced for many years before it was written into law..there are many  people today who claim that the current copyright laws benefite the big companies, instead of the common man..

In that context it might be interesting to think about that Japan is considering to change the law so that you are only eligible to compensation if you can PROVE  that you lost money by the act.