Keller, a professor of legal studies at Rhodes University, is a diligent instructor. Late one night, while reading a newly published, copyrighted treatise of one thousand eight hundred pages written by Gilbert, he came across a three-page section discussing the subject matter he intended to cover in class the next day.

Keller considered the treatment to be illuminating and therefore photocopied the three pages and distributed the copies to his class. One of Keller’s students is a second cousin of Gilbert, the author of the treatise, and she showed Gilbert the copies. May Gilbert recover from Keller for copyright infringement? Explain.