“Heart of the Work” – Example
Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539 (1985) - The Nation, a political magazine, quoted about 300 words from President Gerald Ford's unpublished 454-page autobiography. The quotations were primarily from the chapters on Nixon's pardon - the most interesting and moving parts of the book.
Non-“Heart of the Work” – Example
L.A. News Serv. v. CBS Broad., Inc., 305 F.3d 924 (2002) - CourtTV used a couple of seconds of LANS video, "Beating of Reginald Denny" to promote the court case broadcast. The court said, "We do not gainsay the importance of the frames that Court TV used -- if not the heart, they amount at least to a ventricle -- but we think that this factor weighs less in LANS's favor ... Indeed, weighing the brevity of the portion copied against its significance, this factor appears neutral."