Ellen,who runs a successful nail salon,ran across a very interesting pamphlet on customer relations.The pamphlet was fifty pages long and cost $70.Ellen thought the price was outrageous.Accordingly,she bought one copy and photocopied the pages that she thought were pertinent and gave them to her employees.She copied forty of the pages out of the pamphlet for each of her twenty employees.A disgruntled employee informed the publisher of the pamphlet of what Ellen had done and she was charged with copyright infringement.Ellen defended on the basis of the fair-use doctrine.List the four factors a court would consider in determining whether a violation occurred.Also,give your reasoned opinion as to whether Ellen is entitled to fair-use protection.

In determining whether the fair-use doctrine provides a valid defense to a claim of copyright infringement,Section 107 of the Copyright Act requires the court to weigh the following four factors:
a)The purpose and character of the use;
b)The nature of the copyrighted work;
c)The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
d)The effect of the use on the potential market for or value of the copyrighted work.
Although Ellen did not copy the entire pamphlet,she copied a substantial amount and did so because she did not want to pay the full price for the copyrighted material for all employees.Her actions had a negative effect on the market for the work,and she was not copying the work for a nonprofit educational purpose.In all likelihood,Ellen is not entitled to fair-use protection.