Question
A publisher plans to release a new book written by a prominent politician. The publisher maintains strict control over the release of excerpts or other
A publisher plans to release a new book written by a prominent politician. The publisher maintains strict control over the release of excerpts or other material from the book. For example, releases of advance copies to the media for review have been allowed only on the condition that no material from, or review of, the book be published until the books release and all recipients of such copies have been required to sign nondisclosure agreements. The publisher finds that significant portions of the book are posted to a blog owned by an online media company, which obtained the book as an advance copy for review. The online media company did not use the material to create anything new, but rather copied material in order to attract visitors to its blog. If more people visit the blog, the online media company could seek more compensation from advertisers. The publisher moves for a temporary restraining order, and the online media company argues that the fair use defense should apply. How would a court rule on the motion for a temporary restraining order and petition for a preliminary injunction? Discuss and apply each of the four fair use defense factors in your analysis.
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