opinion by U.S. Senior D.J. Jed S. Rakoff, Edward L. White et al. v. West Publishing Corporation et al… (2014)
“ Although White argues that Lexis and West impede a market for licensing briefs, the Court finds that no potential market exists because the transactions costs in licensing attorney works would be prohibitively high. Thus on net, the fourth factor weighs in favor of defendants and a finding of fair use. ”
opinion by U.S. Senior D.J. Jed S. Rakoff, Edward L. White et al. v. West Publishing Corporation et al… (2014)
“ Blanch, 467 F.3d at 257 (quoting Campbell, 510 U.S. at 586) , although “copying of an entire work [does not] favor [] fair use [,] ... courts have concluded that such copying does not necessarily weigh against fair use because copying the entirety of a work is sometimes necessary to make a fair use of the image.” ”
opinion by U.S. Senior D.J. Jed S. Rakoff, Edward L. White et al. v. West Publishing Corporation et al… (2014)
“ On June 26, 2012, after the Court had dismissed Elan’s claims and those of the proposed subclass of plaintiffs who had not registered any copyrights, White filed an amended, non-class action complaint, asserting claims of copyright infringement based on the inclusion of White’s copyrighted briefs in West’s “Litigator” and Lexis’s “Briefs, Pleading and Motions” databases. On September 28, 2012 and October 5, 2012, defendants and White, respectively, filed cross-motions for summary judgment on White’s copyright infringement claims. ”
