The question Legal status of "no copyright infringement intended" has an answer that states in part,
Ultimately, I don't think such a notice does anything to aid the defendant's argument that they "should not have known" their use was infringing. Nor do I think it furthers an argument of "reasonable and good faith belief" by the defendant: ...
I have a follow-up question regarding this: if a person stated "no copyright infringement intended" and then when sued, claimed a fair use defence which was not accepted, would the intent of fair use supersede the statement of awareness?
The aforequoted answer seems to suggest any awareness of copyright existence prior to actual infringement amounts to willful infringement. Put another way, does the (overt) intent to use copyright material justifiably under fair use supersede the implication of unjustifiable intent?