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The Circuit Court affirmed the District Court's holding that Texaco's photocopying did not constitute fair use.
On appeal, the Court Circuit found that the defendants' commercial exploitation of the copyrighted materials did not constitute fair use.
It held that defendants had violated plaintiff's copyrights in Seinfeld and that such copying did not constitute fair use.
We conclude that The SAT unlawfully copies from Seinfeld and that its copying does not constitute fair use and thus is an actionable infringement.
However, the work as a whole, drawn directly from the Seinfeld episodes without substantial alteration, is far less transformative than other works we have held not to constitute fair use.
The Senate Report merely suggests that prepublication photocopying for classroom purposes will not generally constitute fair use when the author has an interest in the confidentiality of the unpublished work, evidenced by the author's "deliberate choice" not to publish.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com