Yes. Warhol is an example where the commercial nature of the secondary use was the deciding factor in its failure to pass the purpose prong.
> In sum, if an original work and secondary use share the same or highly similar purposes, and the secondary use is commercial, the first fair use factor is likely to weigh against fair use, absent some other justification for copying.
(P4). It’s very likely that a noncommercial secondary use would have passed under the reasoning in Warhol. I don’t understand the point you’re trying to make.