While this is a murky area and few fair use advisories will ever suggest that copying an entire work is appropriate, I was chiefly pointing out the contrast between Ray's books, which are made available at a market price to anyone who wishes to buy them, as opposed to the Watchtower CD, which is not available to Xander at any price.
i spose in that context only, its a fair opinion, as long as you keep in mind that impact on the market is only ONE of the four fair use factors (albeit the most important.) i dont see how the publisher denying access to some group can have any impact at all on fair use. if you have some precedent, or a description in the copyright laws of this clause or even a proposal or anything at all that indicates this is a factor, id love to see it. in the meantime, i would stick to the established definition and examples of 'fair use.'
mox