copyright would be an empty one if it could be avoided merely by dubbing the infringement a fair use 'news report' of the book." The Court applied the statutory four factor test to determine if the use was fair, and made the following findings: The purpose or character of the use weighed against a finding of fair use because, "The Nations use had not merely the incidental effect but the intended purpose of supplanting the copyright holder's commercially valuable right of first publication." The Nations intent to benefit by depriving the copyright holders of their right to first publication suggest that this use was not "fair." Although the nature of A Time to Heal was primarily informative or factual, and thus deserving of less copyright protection, the work had substantial expressive value. If The Nation had limited themselves to only reporting the factual descriptions in the work, the second factor would have weighed in favor of finding fair use. (Justice Brennan, dissenting, suggests that the Court does not take enough account of how much of The Nations report was factual.) However, The Nation "did not stop at isolated phrases and instead excerpted subjective descriptions and portraits of public figures whose power lies in the author's individualized expression." The amount and substantiality of the portion used in relation to the copyrighted work as a whole weighed against a finding of fair use. Although the "amount" was small, it constituted a "substantial" portion of the work because the excerpt was the "heart of the work". The Court noted that an infringer could not defend infringing copying by pointing to how much else they could have copied, but did not. The effect of the use on the potential market for the value of the copyrighted work also weighed against a finding of fair use. The Nations infringement led to actual, particular harm, Time'''s cancellation of their publishing contract. Justice Brennan dissented, joined by Justices White and Marshall. Citing the text of the law under which Harper's brought their lawsuit ("The enactment of copyright legislation by Congress under the terms of the Constitution is not based upon any natural right that the author has in his writings ... but upon the ground that the welfare of the public will be served and progress of science and useful arts will be promoted by securing to authors for limited periods the exclusive rights to their writings."),