Word: kaufman
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Dates: during 1980-1989
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...Kaufman sardonically asked to be cremated after death so that the ashes could be flung in his face...
...intriguing variety of appeals in court. Actors who got stinging notices on opening night might decide to re-enact their scenes for a judge and jury as a way of proving that their performances were misreported. Critically wounded sopranos might end up singing arias as evidence. Says Henry Kaufman, general counsel for the Libel Defense Resource Center: "The Mr. Chow case could set a dangerous precedent...
...editors have two valid responses. The first is that some institutions in a democratic society must be able to stand apart from the electoral process so that they can risk making unpopular decisions. Federal Appeals Court Judge Irving Kaufman of New York has likened the press to the judiciary in that respect. Said he: "Both sustain democracy, not because they are responsible to any branch of government, but precisely because, except in the most extreme cases, they are not accountable at all. Thus they are able to check the irresponsibility of those in power." The second argument is that journalists...
...Kaufman noted that Editor Victor Navasky of the Nation had paraphrased most of what Ford wrote. Only 300 words of the 2,250-word article were taken verbatim from the manuscript. This brief borrowing of copyrighted material without the author's consent, said the court, was "fair use," a concept that allows limited quotation by journalists, critics, teachers and researchers. Dissenting Judge Thomas Meskill found a problem in the straightforward nature of the paraphrasing, however. "Copyright laws protect originality," he wrote. "They thus offer protection against a work that is substantially an unoriginal appropriation of the copyrighted work...
...jubilant Navasky hailed the ruling as "a victory for the public." But some legal experts contend that the decision's scope might not be as broad as Kaufman's resounding language suggests. The reigning scholar of copyright law, Melville Nimmer of U.C.L.A. law school, said the "essential element" in the case is that "the underlying material is factual." Paraphrasing of fictional material would still violate copyright laws. Columbia Law Professor Benno Schmidt also did not quarrel with the decision but added, "The appropriate principles of copyright protection got bent out of shape by the tremendous newsworthiness...