My point is that fair use recognizes certain derivative uses. (By your
definition of derivative use, fair use is almost completely derivative.)
If you parody something ND-licensed, you are invoking fair use. The ND
license becomes irrelevant for the derived work.
Andre Engels wrote:
2007/2/8, David Strauss
<david(a)fourkitchens.com>om>:
Don't forget about parody. It's a subset
of fair use *defined* by its
derivative nature.
And your point is? If you take a work included as fair use and parody it,
your fair use claim is not stronger than when you take a work included under
an ND license and parody it.