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by pluma 4036 days ago
Yes. It's a simplification.

Necessity isn't a criterion for fair use, it's the reason fair use provisions exist in the first place.

Making satire of or discussing a copyrighted work without using copyrighted material is extremely awkward if at all possible. Internationally speaking (i.e. aside from the specific definition of fair use in US law), necessity is a good rule of thumb, just like profit/non-profit use.