Note that the Supremes recently ruled that commercial use isn't necessarily a gate to fair use. I'm not thinking about the Warhol case. Maybe it was the Oracle/Java case?

Also, there are some odd fair use things, like the google books case, which may tilt the court in the archive's favor.

Here's a nice site that talks about fair use. https://fairuse.stanford.edu/overview/fair-use/cases/