Defendant, a book publisher, produced a manual of study notes on a novel; in doing so, Defendant reproduced 5% of the original novel.
Claimant, owner of copyright in novel, sued for infringement.
Creation of notes was NOT for research or private study.
This because Defendant is not himself engaged in private study or research; rather Defendant is merely facilitating this for others in order to obtain a profit
in addition creation of book was done for a commercial purpose, and thus does not fall under defence