[3] She also used Wright's unpublished manuscript "I Choose Exile", held by the Kent State University library.

[1] Walker changed publishers twice, and revised the biography extensively to make much less use of the unpublished material, avoiding direct quotation wherever possible.

[3] The district court found that the weight was in favor of the defendant in all four fair use factors: purpose of use, nature of the work used, amount and substantiality of use, and effect on market value.

The court said: "Walker has used the letters not to recreate Wright's creative expression, but simply to establish facts necessary to her biography, which often relies on her personal association with the late novelist."

However, the court found that this was not an insuperable obstacle, saying: "These portions are short and insignificant, with the possible exception of a fifty-five word description of the art of writing.

[1] The decision in this case was welcome to libraries, which had been in doubt about their legal position in letting researchers use unpublished works.

Judge Meskill states that "Of the ten quoted sections, four bear Wright's stamp of creativity and meet the threshold test of copyright protection.