Page:Craft v. Kobler.pdf/11

 perception that fair use has minimal application to takings from unpublished work.

Nonetheless, I conclude that Firebird’s appropriations of copyrighted material are too extensive and important, and their justification too slight to support an overall claim of fair use. Having satisfied both branches of the Jackson Dairy test, Jackson Dairy, Inc. v. H.P. Hood & Sons, Inc., 596 F.2d 70, 72 (2d Cir.1979) (per curiam), plaintiff is entitled to a preliminary injunction. This ruling does not kill Kobler’s biography but may require revisions reducing the use of Stravinsky’s prose.

SO ORDERED.