1. What is the test for evaluating whether a defendant’s actions constitute “fair use” under copyright law? Is that test found in the Copyright Act or in case law?

2. Why does the court state in the last paragraph that it “view[s] the evidence in the light most favorable to the plaintiffs”?

Plaintiffs brought this copyright infringement action against defendant iParadigms, LC, based on its use of essays and other papers written by plaintiffs for submission to their high school teachers through an online plagiarism detection service operated by iParadigms. * * * The district court granted summary judgment in favor of iParadigms on plaintiffs’ copyright infringement claim based on the doctrine of fair use. * * *