Page:International Code Council v. UpCodes (2020).pdf/87

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use.’” Castle Rock, 150 F.3d at 144 (quoting Campbell, 510 U.S. at 586–87). “[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.” Authors Guild, 804 F.3d at 221. The copying of entire works “does not preclude a finding of fair use, [but] it militates against such a finding.” Texaco, 60 F.3d at 926. However, “for some purposes, it may be necessary to copy the entire copyrighted work, in which case Factor Three does not weigh against a finding of fair use.” HathiTrust, 755 F.3d at 98. “Complete unchanged copying has repeatedly been found justified as fair use when the copying was reasonably appropriate to achieve the copier’s transformative purpose and was done in such a manner that it did not offer a competing substitute for the original.” Authors Guild, 804 F.3d at 221. By contrast, “when the purpose of the defendant’s use is precisely the same as that of third parties who license the material from the plaintiff, the question of whether the amount used was reasonable in relation to the purpose of the copying must be answered in the negative.” Sinclair v. Am. Media, Inc., No. 18 Civ.

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