User blog comment:KyleH/Introducing: Magazine Creator/@comment-20644-20091026231118

Because fair use images can be used in a commercial environment, a court would, in fact, end up looking at how that revenue is being generated and all of the factors involved in how the images are being used. It's not really a black and white issue. Fair use is much more complicated than just saying "you can do this and you can't do that."