Angered by the high price of textbooks, Prof. Lizardo went to Blinko's Copies and made a copy of the textbook that he used in his class (. Lizardo then had Blinko's make 250 copies of a "coursepack." This included all but 50 pages of the textbook plus 50 pages of Lizardo's notes and study questions. Lizardo required his students to buy the coursepack directly from Blinko's for $30. The textbook was sold at the college bookstore for $110.

The textbook's publisher and author have sued Lizardo and Blink for copyright infringement Blinks claims Lizardo is solely to blame. Lizardo claims that this was "fair use, and even if it is not, Blinko's is exclusively to blame. Is either Lizardo or Blinko correct?