Episodes
Tuesday Dec 13, 2022
Tuesday Dec 13, 2022
Audio of the Opinion of the Supreme Court in Harper & Row, Publishers, Inc. v. Nation Enterprises (1985).
In 1977, former President Gerald Ford agreed to publish his memoirs with Harper & Row, Publishers, Inc. along with a prepublication deal with Time Magazine to publish an article featuring a sizable excerpt about pardoning former President Richard Nixon. But, before Time Magazine even had the chance to release their article, The Nation Magazine was given unauthorized access to Ford's manuscript and subsequently published an article containing a verbatim excerpt of over 300 words. So, Harper & Row sued The Nation for copyright infringement. The District Court ruled for Harper and Row, but the Court of Appeals reversed, holding that The Nation's use of the copyrighted material qualified as fair use.
The question before the Court in this case was whether the Copyright Revision Act of 1976's fair use doctrine allowed The Nation's unauthorized use of excerpts former President Gerald Ford's unpublished manuscript.
The Court held that The Nation's use of verbatim excerpts from the unpublished manuscript was not a fair use.
Access this SCOTUS opinion and other essential case information on Oyez.
Music by Epidemic Sound
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