ALA Files Amicus in Texaco Appeal (fwd)

• Forwarded message ---------- Date: Thu, 15 Dec 1994 18:57:19 CST From: ALA Washington Office Update <ALA-WO%UICVM.BITNET[_at_]uga.cc.uga.edu> To: Multiple recipients of list ALA-WO <ALA-WO%UICVM.BITNET[_at_]uga.cc.uga.edu> Subject: ALAWON, Vol. 3, No. 73

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              ALA CONTINUES SUPPORT IN TEXACO FAIR USE APPEAL On behalf of ALA, Attorney Susan Braden of the law firm Ingersoll and Block, submitted a brief amicus curiae to the United States Court of Appeals for the Second Circuit supporting Texaco's petition for rehearing _en banc_ of the Court's decision in the fair use case, _American Geophysical Union v. Texaco, Inc._ (See ALAWON, Vol. 3, No. 68, November 21, 1994.)

Filing on December 6, Braden argued the Court _en banc_ has the responsibility of insuring that decisions issued from the Second Circuit comply with Supreme Court precedent. She wrote that after the Second Circuit head oral argument, and before the October 28 decision was issued, the Supreme Court issued two significant copyright cases, _Fogerty v. Fantasy, Inc._ 114 S.Ct. 1023 (1994) and _Campbell v. Acuff-Rose Music, Inc._ 114 S. Ct. 1164 (1994). ALA's brief addresses the deficiencies in the Majority Opinion's analysis because it failed to follow the _Fogerty_ and _Campbell_ decisions in making its fair use determination under 17 U.S.C. ss. 107.

Additionally, Braden argued that the Second Circuit should review and reverse the unprecedented and extraordinary endorsement that will ensue in courts throughout the country as a result.

ALAWON (ISSN 1069-7799) is an irregular publication of the American Library Association Washington Office, 110 Maryland Avenue, N.E., Washington, DC 20002-5675. Internet: alawash[_at_]alawash.org; Phone: 202-547-4440; Fax: 202-547-7363. Contributing to this issue: Carol C. Henderson (cch[_at_]alawash.org) and Anne A. Heanue (aah[_at_]alawash.org). Editor: Lynne E. Bradley (leb[_at_]alawash.org).

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