D, a book publisher, produced a manual of study notes on a novel; in doing so, D reproduced 5% of the original novel. C, owner of copyright in novel, sued for infringement.
· Creation of notes was NOT for research or private study.
Ø this because D is not himself engaged in private study or research
- rather D is merely facilitating this for others in order to obtain a profit
Ø in addition creation of book was done for a commercial purpose
- thus does not fall under defence