I don't know if it's enough to simply ask the question: "Is Google making money off of this." Commercial works can be Fair Use. Really, the commercial vs. non-commercial aspects fall into the "Purpose and Character" test. It's true that non-commercial uses are more likely to be held to be transformative (art projects, educational work, etc). It's not true that just because a work is commercial it isn't Fair Use.
A good example might be the way the Daily Show uses news clips. Technically, these clips are covered by copyright. The Daily Show could use these clips without permission through the doctrine of Fair Use. It's pretty clear that the Daily Show is a commercial product, but it uses the clips in a clearly transformative manner (that is, to parody, critique, etc).
Additionally, I think you may be overestimating the amount of a book Google Book Search shows when it doesn't have permission of the author of the book to show specific amounts. Here's an example search in a book that they don't have permission to display a complete preview: http://books.google.com/books?id=CIl9fxeIQIYC&q=National+Com...
Note that they merely show the search results with brief snippets around the matching results. So, instead of "we make money from people viewing the ads around the [THE BOOK]!" it would be more accurate to say "we make money from people viewing the ads around snippets of [THE BOOK]!".
It really goes back to those four factors. If you play NBC's Thirty Rock with your own ads mixed in or around the content, you'll fail most of those four factors.
If instead you play a short snippet of Thirty Rock then proceed to provide a new expression based upon that snippet (a critique, or a parody, or an interpretive dance) you would be quite likely to fall within the bounds of Fair Use. Even if you put ads around it.
Though, again, I'll note that Fair Use is an affirmative defense, which means you don't really get to bring up the defense until you go to trial. Generally, it's best not to rely on Fair Use unless you have deep enough pockets to go to trial over the issue.
A good example might be the way the Daily Show uses news clips. Technically, these clips are covered by copyright. The Daily Show could use these clips without permission through the doctrine of Fair Use. It's pretty clear that the Daily Show is a commercial product, but it uses the clips in a clearly transformative manner (that is, to parody, critique, etc).
Additionally, I think you may be overestimating the amount of a book Google Book Search shows when it doesn't have permission of the author of the book to show specific amounts. Here's an example search in a book that they don't have permission to display a complete preview: http://books.google.com/books?id=CIl9fxeIQIYC&q=National+Com...
Note that they merely show the search results with brief snippets around the matching results. So, instead of "we make money from people viewing the ads around the [THE BOOK]!" it would be more accurate to say "we make money from people viewing the ads around snippets of [THE BOOK]!".
It really goes back to those four factors. If you play NBC's Thirty Rock with your own ads mixed in or around the content, you'll fail most of those four factors.
If instead you play a short snippet of Thirty Rock then proceed to provide a new expression based upon that snippet (a critique, or a parody, or an interpretive dance) you would be quite likely to fall within the bounds of Fair Use. Even if you put ads around it.
Though, again, I'll note that Fair Use is an affirmative defense, which means you don't really get to bring up the defense until you go to trial. Generally, it's best not to rely on Fair Use unless you have deep enough pockets to go to trial over the issue.