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 UpCodes’ website, which may support a transformative purpose. But the Court cannot say that reproducing the informational notes and permissive rules, which may not be binding law, “adds something new and important.”, 141 S. Ct. 1183, 1203 (2021).

That UpCodes is a for-profit entity (even if it provides free access to the codes) also weighs against a finding of fair use. And reproducing sections like Article 604 that have explicitly not been adopted into law clearly does not serve a transformative purpose. Disseminating a portion of the code that is not law cannot assist users in better understanding their legal obligations. Because the transformative value is low, is it more significant that UpCodes is a for-profit company. , 510 U.S. at 579. Considering all these elements together, the Court finds this factor weighs for a finding of fair use for the portions of the code that have been incorporated by reference and against a finding of fair use for the portions that have not.
 * 2. Nature of Copyrighted Work

“The second statutory factor, ‘the nature of the copyrighted work,’ 17 U.S.C. § 107(2), ‘calls for recognition that some works are closer to the core of intended copyright protection than others, with the consequence that fair use is more difficult to establish when the former works are copied.’”, 150 F.3d 132, 143 (2d Cir. 1998) (quoting , 510 U.S. at 586). Courts often ask whether the work is factual or fictional, as “[t]he law generally recognizes a greater need to disseminate factual works than works of fiction or fantasy.”, 471 U.S. at 563.

In, the D.C. Circuit found that “[a]ll of the works at issue here fall at the factual end of the fact-fiction spectrum, which counsels in favor of finding fair use.” 896 F.3d at 451. The Circuit stated, “Were these ordinary technical standards used for no public purpose, the district court might well be correct. But the standards at issue here have all, in some capacity, been incorporated by reference into law, and, as the cases PRO relies on for its constitutional argument make