In Harper & Row Publishers v.The Nation Enterprises,the Supreme Court held that:

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The Supreme Court held that it was not a fair use to publish a 300-word excerpt from a president's memoirs before they were published in book form. This decision established that fair use must be evaluated on a case-by-case basis and that the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market for the original work must all be considered.

In Harper & Row Publishers V