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 clear, the express text of the law falls plainly outside the realm of copyright protection.” The Circuit also noted that “where the incorporation does not lend to such easy substitution, fair use is harder to justify.”  at 452.

The Court finds the same is true here. The actual text of the law is factual, which weighs strongly in favor of a finding of fair use. , 2020 WL 2750636, at *26. The informational notes and portion of the code that has not been adopted into law, however, are a closer question, as there is more of an argument for protecting the expression of the text. But even though the expression is more protectable, the content is largely factual and therefore weighs in favor of a finding of fair use. (“And though the I-Code Redlines feature model code text that was not incorporated into law, that text is nevertheless factual rather than fictional.”).
 * 3. Amount and Substantiality of the Portion Used in Relation to the Work as a Whole

The third fair use factor asks about “the amount and substantiality of the portion used in relation to the copyrighted work as a whole.” 17 U.S.C. § 107(3). The Supreme Court has explained that “the extent of permissible copying varies with the purpose and character of the use” and characterized the relevant inquiry as whether “‘the amount and substantiality of the portion used[’] … are reasonable in relation to the purpose of the copying.”, 510 U.S. at 586–87 (quoting 17 U.S.C. § 107(3)).

“[A] finding of fair use is more likely when small amounts, or less important passages, are copied than when the copying is extensive, or encompasses the most important parts of the original.”, 804 F.3d at 221. The copying of entire works “does not preclude a finding of fair use, [but] it militates against such a finding.”, 60 F.3d 913, 926 (2d Cir. 1994). “Complete unchanged copying has repeatedly been found justified as fair use when the copying was reasonably appropriate to achieve the copier’s transformative purpose and was done in such a manner that it