United States Seventh Circuit

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CHICAGO BD. OF EDUC. v. SUBSTANCE, INC., 03-1479

District court erred in dismissing the fair use defense raised by a local newspaper after reproducing several standardized "secure tests" copyrighted by plaintiff. Defendant was entitled to criticize the tests and had to be able to quote from them in order to do that effectively.

Appellate Information

  • Argued 12/01/2003
  • Decided 12/31/2003
  • Published 12/31/2003

Judges

  • POSNER, Circuit Judge., Before POSNER, EASTERBROOK, and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Patricia J. Whitten, Kristi L. Bowman (argued), Franczek Sullivan, Chicago, IL, for Illinois Ass'n of School Boards.

  • For Appellees:
  • Nancy K. Laureto (argued), Chicago, IL, for Plaintiff-Appellee., Mark H. Barinholtz (argued), Elaine K.B. Siegel (argued), Hager & Siegel, Chicago, IL, for Defendant-Appellant.