Fair use is a legal defense with a specific test to demonstrate whether a particular instance of use of a copyrighted work is not infringement. Although fair use is always evaluated on a case by case basis, fair use does produce some precedent (example at [1], not related to TFA), and fair use is not mere justification [2]:

> Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work... is not an infringement of copyright.

[1] https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_....

[2] https://www.law.cornell.edu/uscode/text/17/107