>>31291262How are they not? They don't fall under any of the purpose categories (education, news, criticism), is taking from a creative work instead of a factual one, take a large and core portion of the source material, has the potential for market harm, and is not particularly transformative.
https://www.lib.umn.edu/copyright/fairuseI'm all for rom hacks and other fan works, but the people that make them need to understand they are not legally protected or even favored, it's the opposite. It's like graffiti art, yeah, some of it is damn good, but the people that own the wall you sprayed have every right to remove it and possibly go after you for doing it in the first place.