What about the creative use of copyright protected materials, and ideas?

[Librarian on the Loose]

The rules seem to be graying on intellectual property rights, such as
the use of elements and parts of copyrighted media to create new
dialogue, art, media and ideas. It's sort of like taking a recipe and
then making it your own, the issue is no longer clear cut, or a mosaic
or quilt to build content. How do you judge what is fair use and what
is not in the 21st century of innovative art, literature, and music?

This question is posed for discussion, irregardless of profit issues.