No hint of litigation about this yet, but it makes for an interesting hypothetical question (assuming Slate didn’t get a copyright clearance) — check out this Slate “Juicy Bits: We read the book so you don’t have to” column, and compare it to the situation in Harper & Row v. Nation Enterprises (1985). Not an identical case, of course; for instance, the excerpts here are from a published book, rather than a yet-to-be-published book. Still, it seems like an interesting fair use issue.
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