New Era Publications Int'l v. Carol Publishing Group 904 F.2d 152 (2d Cir. 1990) A former scientologist named Caven-Atack wrote a book critical of the religion's founder Hubbard. The book quoted widely from Hubbard's works. After Caven-Atack's publisher, Carol published the book, Hubbard's authorized publisher, New Era, sued for copyright infringement. Caven-Atack argued that he was protected by the fair use provision (17 U.S.C. §107) because his work was a criticism of the original work. The Trial Court found for New Era and issued an injunction against the book. Caven-Atack appealed. The Appellate Court reversed. The Appellate Court looked to the four-factor test for determining if something counts as fair use under §107: Is the purpose and character of the use commercial or non-commercial? The Court found that the purpose of the book was criticism, and that "purposes such as criticism scholarship or research is not an infringement of copyright." The nature of the copyrighted work. The Court found that the scope of fair use is greater with respect to non-fiction than fiction. The amount of the original work used. The Court found that Caven-Atack only quoted "a miniscule amount" of Hubbard's overall body of work, and that the amount used does not "take essentially the heart of Hubbard's work." The effect on the potential market. New Era argued that since Caven-Atack's book was so unflattering, it would hurt the market for Hubbard's books. However, the Court interpreted this factor should not include economic harm via criticsm. Basically this factor is to stop economic harm from people who would buy the copy instead of the original, not harm from convincing people that Hubbard's work wasn't worth reading. Based on their balancing of the four factors, the Court found that Caven-Atack's book was covered under fair use.