Just head on over to FLEEN for the details — Gary’s been tracking a case of blatant rip-off-ery by someone selling a mousepad with Scott Johnson’s design.
Fair use is one of those areas of law that is largely driven by case law (that is decisions of the courts) although it is codified as an affirmative defense in the 1976 (C) act in the United States. All of this is probably immensely complicated by the world-wide nature of the ‘net — other countries don’t have the same (c) laws (although a whole bunch of countries have signed onto the Berne convention). In any event, if you see a good guide to understanding fair use forward it to me (or twit to @xerexes) — I’m curious as to whether there’s a common sense level document out there that can help with this or not. (Otherwise maybe I’ll think about writing it myself…)