Re: attorney's work and copyright

From: Steven D. Jamar <sjamar[_at_]law.howard.edu>
Date: Wed, 4 Sep 1996 09:53:37 -0400

> This is a follow-up question about copyright infringmenet and work
> produced by an attorney. We had drafted some carefully research and
> thoughtout interrogatories and request's for production. These were
> served on the other party and three days later we were served with
> their set of interrogatories. What we were served with is in most
> instances a verbatim copy of what we had drafted. Would this fit
> under copyright infringement or would the doctrine of merger apply
> or a fair use argument apply?
>
> matt krigbaum
> 73321.1225[_at_]compuserve.com

Hard to answer without seeing them, but I would expect that both merger and fair use would bar an infringement action here. Or if I were a judge I would need to hear why sauce for the goose is not sauce for the gander in this setting. What is the other side supposed to do? Pretend it didn't read yours? Change wording or order just to be original? - but this itself would be done solely to avoid copying so it would in fact be copying. Assign a file to a fresh attorney to draft interrogatories and requests for production? Terribly inefficient to do it that way and why?

BTW, I always had better thoughts than the other side (or thought I did) :-) so I would always rethink and rework and never just changed the name at the bottom, but this was done to me.

Cheers,
Steve Jamar
<sjamar[_at_]law.howard.edu> Received on Wed Sep 04 1996 - 13:58:13 GMT

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