Analyzing case of copyright infringement


Case Problem:

Copyright When Spiro Agnew resigned as vice president of the United States, President Richard M. Nixon appointed Gerald R. Ford as vice president. Amid growing controversy surrounding the Watergate scandal, President Nixon resigned, and Vice President Ford acceded to the presidency. As president, Ford pardoned Nixon for any wrongdoing regarding the Watergate affair and related matters. Ford served as president until he was defeated by Jimmy Garter in the presidential election. Ford entered into a contract with Harper & Row Publishers, Inc., to publish his memoirs in book form. The memoirs were to contain significant unpublished materials concerning the Watergate affair and Ford's personal reflections on that time in history. The publisher instituted security measures to protect the confidentiality of the manuscript. Several weeks before the book was to be released, an unidentified person secretly brought a copy of the manuscript to Victor Navasky, editor of The Nation, a weekly political commentary magazine. Navasky, knowing that his possession of the purloined manuscript was not authorized, produced a 2,250-word piece titled "The Ford Memoirs" and published it in an issue of The Nation. Verbatim quotes of between three hundred and four hundred words from Ford's manuscript, including some of the most important parts, appeared in the article. Harper & Row sued the publishers of The Nation for copyright infringement. Who wins? Harper & Row, Publishers, Inc. vs. Nation Enterprises, 471 U.S. 539, 105 S.Gt. 2218, 85 L.Ed.2d 588, Web 1985 U.S. Lexis 17 (Supreme Court of the United States)

Is this a case of copyright infringement? Why or why not?

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Business Law and Ethics: Analyzing case of copyright infringement
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