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OCR: 38 separate and distinct creative work which is entitled to protection under the Copyright Act Sony. the verbatim copying was intended supplant the copyrighted work by simply altering the availability 01 the original copyrighted wor] as to hen : the public could view the copyrighted work Nevertheless this Court found "fair use " In Harper Row, the heart and soul of the unpublished copyrighted work was presented in the guise of book re icw The substantial taking directly competed with the capyrighted work because, as direct and proximate result af its publication, Time Magazine the licensor af the unpublished work, terminated its licensing agreement to publish excerpts and failed to pay the balance ofthe licensing fec The publication by Nation Enterprises did not constitute "fair use precis ...