Fair use expansion

For a company to sue someone for copyright infringement, they must reasonably prove that the defendant has either done at least one of these three:

1. Noticeably divert potential income from the copyright holder.
2. Would convince and detach the consumer from ever consuming the original content in a meaningful way.
   1. i.e. why would the consumer ever consume the original content, and does the protentional copyright infringement make it pointless to consume the original content. (Not transformative enough.)
3. Damage the reputation of the brand, company, or company associates.
   If they cannot prove any of the above, then the defendant should be protected by fair use.