Harper & Row Publishers Inc v. Nation Enterprises

Harper & Row v. Nation
Student’s Name
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Due Date
Harper & Row v. Nation
Procedural History:
* During the initial trial, District Court for the Southern District of New York determine that the Nation’s published piece did not fall under “fair use” as sanctioned by the § 107 of the Copyright Act. Consequently, the Court awarded damages to the tune of US$ 12,500.
* The Court of Appeals for the Second Circuit reverses the ruling from the District
Facts
* Former President Gerald R. Ford entered into a contract with the petitioners, Harper & Row and Reader’s Digest giving them the opportunity to publish his memoirs in February 1977.
* In the contract, the petitioners were granted the right to license “first serial rights.” The petitioners negotiated the first serial rights with Time, entering into a contract worth US$ 25,000 payable in two installments.
* Exclusivity was a key element of the contract with Time holding the right to renegotiate payment in the event of breach of exclusivity.
* Before the scheduled release of the Time’s article, the respondent Nation received a copy of the manuscript from an unknown person. The editor of Nation, Victor Navasky published a story put together from the manuscript.
* As a result, Time cancelled its piece and did not pay the second instalment of US$ 12,500.
The Issue
* Can the Nation’s unauthoriz...