The counter-example that has stuck with me is the novel "The Wind Done Gone": http://en.wikipedia.org/wiki/The_Wind_Done_Gone. It's Gone with the Wind, re-imagined from a slave's point of view - and a direct criticism of the work, published for profit and without permission. The Second Circuit (probably the biggest copyright circuit, thanks to NYC) ruled that there was at least enough fair use there to overturn a preliminary injunction. http://en.wikipedia.org/wiki/Suntrust_v._Houghton_Mifflin Then the case settled.