Yes and no, I think. If you have a valid exemption under copyright (e.g. fair use) then you don't need a licence for the use or making of the derivative work. O

Yes and no, I think. If you have a valid exemption under copyright (e.g. fair use) then you don't need a licence for the use or making of the derivative work. Obviously such a defence (e.g. fair use) would likely be very difficult in the context of commercial use of the copyrighted work.