Dale Fischer

“ The fact that an infringing “publication was commercial as opposed to nonprofit ... tends to weigh against a finding of fair use.” Harper & Row, 471 U.S. at 562. Though it is not strictly necessary for a fair use to be transformative, “the more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use.” ”

“ That UpCodes is a for-profit entity (even if it provides free access to the codes) also weighs against a finding of fair use. And reproducing sections like Article 604 that have explicitly not been adopted into law clearly does not serve a transformative purpose. Disseminating a portion of the code that is not law cannot assist users in better understanding their legal obligations. Because the transformative value is low, is it more significant that UpCodes is a for-profit company. ”

“ The Supreme Court has explained that “the extent of permissible copying varies with the purpose and character of the use” and characterized the relevant inquiry as whether “‘the amount and substantiality of the portion used [’] ... are reasonable in relation to the purpose of the copying.” Campbell, 510 U.S. at 586–87 (quoting 17 U.S.C. § 107 (3) ) .
“ [A] finding of fair use is more likely when small amounts, or less important passages, are copied than when the copying is extensive, or encompasses the most important parts of the original.” ”