As I understand copyrigth law ...
"Fair" use claims are used to avoid the penalties for not paying the license fees.
Any use of material including "fair" use requires one to pay the proper license fee for the material. For the most part that license fee is not worth pursuing.
While teaching at university and working in industry, each use of copyrighted material required a form that was sent to a librian. The librian was responsible for paying the license fee. In most cases no fee was required, but we always asked.
There is no statue of limitations on claims for copyright infringment.
