During the U.S.presidency ofElizabeth Smith,she is forced to resign in disgrace (after many months of denying responsibility) due to a scandal involving political spying on her opponent.(The scandal is so bad that President Smith is likely to be indicted by the Justice Department of the US.) The Vice President,Latoya Jones,is sworn in as the president and within one week of taking office,she pardons the former president of anywrong-doing.A public and political firestorm erupts against the new president, who justifies her action as being necessary to heal the country and go forward.

Several years after leaving office, President Jones writes a book about her life, including a chapter about why she decided to pardon President Smith, rather than having the Justice Department prosecute her and possibly send her to jail. There is tremendous interest in the book and one week before it is published, Function Magazine obtains a copy and publishes onlythe chapter on the pardonin its magazine. The magazine issue is a sellout success and the book sales are disappointing to say the least.

President Jones sues Function Magazine for copyright infringement andallegesdamages of millions of dollars in lost book sales from the publication of the pardon chapter.

Has Function Magazine infringed on PresidentJones'scopyright? If Function alleges "fairuse" of the material, does it apply to the case? What is the weak part of the President's case? What is the strong part? Does it matter howFunction obtained the copy of the book prior to it being published?