I absolutely agree! I mean, neither of us are lawyers, and both of us have probably been in business situations where we’ve discussed these things with lawyers. The #1, #2, and #3 job is to make sure that there’s no question in the first place. You do not want to be in court even when you are in the right.
Commercial products RARELY fall under fair use
I don’t disagree, although art seems to have different interpretations than, say, computer code or engineering drawings or verbatim poetry. There are interesting situations around both Banksy using and being used in various degrees of transformation, as there is for Andy Warhol. Are computers games art? Are gunshots in computer games art? Personally, I think so, but I would not want to have to go to court to have to prove it. Do what it takes to stay out of court!