Marcus, a public school teacher was the owner of a registered copyright to a booklet on cake decorating. The defendant, also a public school teacher, incorporated a substantial portion of the copyrighted work into a booklet which she prepared for use in her classes. Both parties moved the District Court for summary judgment. The District Court denied both motions and dismissed the action on the merits on the ground that defendant’s copying of plaintiff’s material for nonprofit educational purposes constituted fair use. The Ninth Circuit Court of Appeal reversed the decision.