Issues: (1) Whether, under the first of the four copyright fair-use factors, a scholarly book that is “offered for sale” for use in academic and related settings is a commercial or non-commercial work; (2) whether, for purposes of the second fair-use factor, a work’s level of creativity is a distinct inquiry from whether that work is sufficiently original to be copyrightable, or whether a work that meets the threshold for copyrightability is automatically considered creative; and (3) whether, where a representational photograph is reproduced in its entirety because a partial photograph would not be a useful depiction of its subject, the third fair-use factor is neutral or weighs against fair use.
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