Copyright law is statutory. Section 107 of the Copyright Act of 1976. As you can see what is and what is not fair use is subject to debate. Here are some urls that might help. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Damages are also statutory.
In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work. I think that the reproduction of an entire article is not fair use and is a violation of the copyright law. I think it is rare, however, for such violations to be prosecuted. Nevertheless, I will happily mail you some ice cubes.