Word: copyrighted
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...lengthy court battle ended abruptly last week when a group of publishers dropped a copyright violation suit against eight professors at New York University...
...court settlement, NYU, the nation's largest privately endowed university, promised to follow a set of 1976 guidelines that set minimal standards for the "fair use" of copyright materials, and said it would ensure that its faculty followed suit...
...contended Navasky, "What we did was a journalistic coup, and perfectly legal." Last week in Manhattan, however, U.S. District Court Judge Richard Owen, ruling on a suit brought by Ford's publishers, Harper & Row and the Reader's Digest Association, concluded that the Nation had violated federal copyright law. Said Owen: "The Nation took what was essentially the heart of the book...
...decision had been eagerly awaited by legal scholars because it appeared to involve a clash between the right to literary ownership (copyright), which is provided for in Article 1, Section 8 of the Constitution, and the First Amendment guarantee of a free press. Owen, however, held that much of what Navasky called "hot news" had long since been a matter of public record. Wrote the judge: "The 'revelations' of the Ford memoirs were not such news, 'hot' or otherwise, as to permit the use of. . . copyrighted material." Legal researchers generally endorsed Owen's decision...
...award for damages. The sum that they were granted represents the fee that was lost when TIME, which had purchased first magazine publication rights, withdrew under a contractual provision after portions of the book appeared in the Nation. Owen suggested in his decision that only an "oversight" in the copyright law prevented him from awarding the publishers their legal costs. The publishers described the battle as one of principle. Said Brooks Thomas, president of Harper & Row: "This is a significant victory. It says that you cannot steal literary property merely by calling it news...