FYI - in real life it’s not actually about the letter of the law.
In my field we work with a legal team that deals with both sides (other IP holders and would be users of our IP). Legal has always maintained that it’s all about risk.
Can the IP holder come after us for a particular use? Sure, if they want to, whether they have any legal standing or not. Does legal think they will though? If not then go ahead. If yes then it’s hard no you can’t do it.
On the flip side - someone is using our IP without permission (selling on demand t-shirts with a logo or character for example). Does it hurt our IP’s brand or cause financial harm? No, then legal usually doesn’t care. Yes, then a C&D letter goes out which is cheap. Actually trying to litigate is expensive so that requires another risk analysis if the letter gets ignored.
In either case, actual laws and statutes don’t figure in until very far down the process.