| Context |
In Texaco, when discussing the equivalent US factor to sub-section 40(2)(d), the Court emphasised the ability of the defendant corporation, Texaco, to obtain a licence for its copying of journal articles, rather than copying them for free. Thus, the Court held that a use will be considered less fair when there is a ready market or means to pay for the use […] The existence of a collecting society, the Copyright Clearance Centre ("CCC") in the US which offered licences to corporations for the copying of its members´ works was highly persuasive.
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