descriptive analysis and guidance that the Eleventh Circuit addressed in Patton. Thus, the second factor is, at best, neutral as between these parties. iii. Amount and substantiality of the portion used The third factor that the Court must consider is the “amount and substan-tiality of the portion used in relation to the copyrighted work as a whole.” 17 U.S.C. § 107(3). A court must ask whether the defendant has “helped [itself] overmuch to the copyrighted work in light of the purpose and character of the use.” Peter Letterese, 533 F.3d at 1314 (quoting Campbell, 510 U.S. at 587, 114 S.Ct. 1164). This factor recognizes that the more of a copyrighted work that is taken in quantity and quality, the less likely the use is to be fair. See Harper & Row, 471 U.S. at 565, 105 S.Ct. 2218 (<HOLDING>). Indeed, where a defendant “uses virtually all
recognizing that the fact that a substantial portion of the infringing work was copied verbatim is evidence of the qualitative value of the copied material holding that the third factor disfavored fair use because the defendant copied a qualitatively substantial portion of the original work even though the defendants copied only approximately 300 words out of the 200000 words in the plaintiffs work holding that the two elements of a copyright infringement claim are 1 the plaintiff owns a valid copyright right and 2 the defendants copied constituent elements of the work that are original holding that the more transformative the new work the more likely the use of the old work is a fair one holding that defendant who had copied plaintiffs perfume formula had a right to market it under defendants name because it identified to public plaintiffs product as competition