4-13 Nimmer on Copyright § 13.05[2] is on reproduction of works for use in judicial proceedings. It says, "[R]eproduction of a work in connection with a judicial proceeding, even where the reproduction is of the work in its entirety, serves a qualitatively different function and does not satisfy the reader demand for the original." Jartech, Inc. v. Clancy, 666 F.2d 403 (9th Cir. 1982). Grundberg v. Upjohn Co. , 137 F.R.D. 372, 338 (D. Utah 1991).
After the O.J. Simpson murder trial, a photography company sued Johnnie Cochran for displaying its copyrighted photo of O.J. without consent, but the court dismissed the action. Kulik Photography v. Cochran, 975 F. Supp. 812 (E.D. Va. 1997).
Jeff Buckley
Library Assistant
Williams, Kastner & Gibbs PLLC
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E-mail: jbuckley@wkg.com
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-----Original Message-----
From: Lorelei Broskey [mailto:loreleibroskey@lehighcounty.org]
Sent: Thursday, March 18, 2004 12:32 PM
To: Erik Adams; 'law-lib@ucdavis.edu'
Subject: RE: (law-lib) ? on fair us
Doesn't that mean then, that a PUBLIC law library copy is not in the existing in-house collection of the attorney???
Lorelei A. Broskey, MLS
Director of Library and Information Services
Lehigh County Law Library
455 W. Hamilton St
Allentown, PA 18101-1614
610-782-3308
fax 610-820-3311
The web site for the
Court of Common Pleas of Lehigh County is:
www.lccpa.org
-----Original Message-----
From: Erik Adams [mailto:eadams@sheppardmullin.com]
Sent: Thursday, March 18, 2004 2:00 PM
To: 'law-lib@ucdavis.edu'
Subject: Re: (law-lib) ? on fair us
Karen Mahnk wrote:
> I would think that precedent has at least some weight here.
> Numerous pleadings have included quotes from treatises & have
> never needed permission nor payment to quote.
This reminded me of the "Statement on Fair Use" found at the beginning of some Matthew Bender treatises (including "California Legal Forms: Transaction Guide"), which states:
> ... copying would be permitted provided it is performed ...
> for creating documents produced in the course of the user's
> professional practice, and the original form which the copy
> if made has been purchased or licensed as a part of the user's
> existing in-house collection.
How's that for a clear statement?
Erik Y. Adams
Electronic Resources Librarian
Sheppard, Mullin, Richter & Hampton
eadams@sheppardmullin.com
(213)617-5429 / Fax: (213)620-1780
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