Page:Penguin Books v. New Christian Church of Full Endeavor.pdf/48

 insights and understandings -- this is the very type of activity that the fair use doctrine intends to protect for the enrichment of society. In short, the goal of copyright, to promote science and the arts, is generally furthered by the creation of transformative works.

, 150 F.3d 132, 142 (2d Cir. 1998) (citations and internal quotation marks omitted).

Defendants claim their use of the Course is non-commercial and non-profit and for religious educational purposes only. Defendants give away all allegedly infringing materials without charge. Yet this does not mean that Defendants' verbatim use of material from the Course in pamphlets and in the reproduction of the Workbook is in any way "transformative." The Course is not being used by Defendants as "raw material" but as finished product. Almost no commentary or analysis accompanies the copied material, and the mere rearrangement of sections of the Text in Defendants' printed pamphlets is insufficient to transform the material and thereby constitute fair use. Thus, this factor weighs against Defendants.


 * 2.